September 15, 2021
Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?
9th Circuit , Arizona ,
September 3, 2021
The Ninth Circuit leaves the door open for a bankruptcy court to sanction a misbehaving chapter 13 debtor before granting the debtor’s motion for voluntary dismissal.
September 2, 2021
The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.
3rd Circuit , Delaware ,
September 1, 2021
Reversing in favor of the Madoff trustee, the Second Circuit rules that inquiry notice, not willful blindness, governs the good faith defense by recipients of fraudulent transfers.
August 30, 2021
The opinion tells plaintiffs what actions to take before filing suit to ensure constitutional standing to pursue a claim under the FDCPA.
August 25, 2021
The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.
August 23, 2021
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
August 19, 2021
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
August 16, 2021
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
August 11, 2021
After Taggart v. Lorenzen, plans, orders and injunctions must be highly specific to hold an offending creditor in contempt.