February 1, 2023
Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing
December 19, 2022
There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.
November 30, 2022
Once an account debtor is notified to pay the lender, not paying an account receivable to the lender can mean that the account debtor pays twice.
2nd Circuit , New York ,
October 31, 2022
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.
October 21, 2022
The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.
October 7, 2022
Because Florida filing offices do not use ‘standard search logic,’ a financing statement must use the debtor’s precise, unabbreviated legal name.
September 30, 2022
Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.
September 22, 2022
The length and the effects of the pandemic were capable of being ‘anticipated’ and therefore provide no reason for modifying a fixed fee under Section 328(a).
September 15, 2022
Saving Revlon’s bank $500 million, the Second Circuit holds that the law of restitution allows a bank to recover payments made mistakenly when the recipient had no right to receive the payment.
July 11, 2022
Bankruptcy Judge Craig T. Goldblatt declined to interpret an indenture’s ratable treatment clause as anti-subordination in disguise.
3rd Circuit , Delaware ,