June 14, 2022
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
June 13, 2022
Former managers of a corporation can appeal a conversion order in their own right, Tenth Circuit says.
June 8, 2022
Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.
June 7, 2022
Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.
June 6, 2022
The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.
June 1, 2022
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
May 31, 2022
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
May 26, 2022
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
May 19, 2022
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.
May 17, 2022
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.