March 28, 2024
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
March 26, 2024
A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.
March 25, 2024
The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.
March 22, 2024
A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.
3rd Circuit , Delaware ,
March 21, 2024
The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.
March 19, 2024
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
March 15, 2024
Alleging that a debtor realized an ‘impossibly high’ rate of return in a Ponzi scheme isn’t enough to state a claim of nondischargeability for ‘actual fraud.’
March 14, 2024
Refusing to withdraw a meritless claim with prejudice contributed to the decision by Judge Jernigan to impose high-six-figure sanctions.
March 13, 2024
With no opposition, a mainland Chinese company with an approved arrangement in Hong Kong might win foreign main recognition in the U.S.
March 11, 2024
Bucking the weight of authority, a district judge allowed an equity committee to appeal dismissal of a chapter 11 case, where the committee wanted a chapter 11 trustee rather than dismissal.