business Cases
January 5, 2023
A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.
January 4, 2023
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.
January 3, 2023
A court filing by a claims trader was stricken from the docket because it contained judges’ direct email addresses.
December 29, 2022
An opinion by Thomas Ambro shows how the Third Circuit won’t cut any slack for nonbankruptcy lawyers when it comes to retention disclosure.
December 27, 2022
An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.
December 21, 2022
The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.
December 20, 2022
3rd Circuit , Delaware ,
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
December 19, 2022
There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.
December 15, 2022
California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.
December 13, 2022
Judge David Thuma explains why a chapter 11 debtor in possession and a subsequent liquidating trust are different clients for the purpose of a conflict analysis, at least when the committee has confirmed a liquidating plan.