February 8, 2021
Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t.
December 29, 2020
The Eleventh Circuit decided that the SBA acted within its rulemaking power by precluding chapter 11 debtors from receiving PPP loans under the CARES Act.
December 9, 2020
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
December 2, 2020
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
2nd Circuit , New York ,
October 30, 2020
Creditors are entitled to ‘default interest’ when the debtor is solvent.
October 20, 2020
Electing English law upheld, even though no one had any connection with the U.K.
October 6, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
September 16, 2020
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
3rd Circuit , Delaware ,
September 15, 2020
Even though the price and terms were ‘entirely fair,’ Bankruptcy Judge Garrity disapproved DIP financing that would have locked in the right of controlling shareholders to purchase new stock at a 20% discount.
September 11, 2020
Bankruptcy Judge Glenn hints that the lenders and the debtor should mediate tough questions about the enforceability of a $150 million ‘sale’ of future credit card receivables.