business Cases
January 5, 2024
The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.
January 4, 2024
Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.
January 3, 2024
‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).
December 27, 2023
3rd Circuit , Delaware ,
No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.
December 26, 2023
The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.
December 21, 2023
3rd Circuit , Delaware ,
A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.
December 20, 2023
4th Circuit , Maryland ,
The ‘new value’ offered by old equity in a chapter 11 plan was insufficient because it was only a small fraction of claims and because the dividend to creditors was also small.
December 18, 2023
Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.
December 11, 2023
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.
December 8, 2023
If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.