June 22, 2021
Rooker-Feldman and other principles can bar rejection of a contract even if it’s ‘executory.’
June 21, 2021
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
June 18, 2021
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
June 17, 2021
The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
June 16, 2021
So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.
June 15, 2021
Law v. Siegel didn’t bar bankruptcy courts from invoking doctrines of claim and issue preclusion, the Ninth Circuit says.
June 14, 2021
On an issue where the courts are split, a judge in Washington State says that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.
June 11, 2021
Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.
June 10, 2021
Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains.
June 9, 2021
An administrative creditor isn’t a ‘guarantor’ of the success of the project, Delaware’s Bankruptcy Judge Goldblatt says.