business Cases
April 21, 2022
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.
April 20, 2022
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
April 18, 2022
Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.
April 15, 2022
The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
April 14, 2022
Undisclosed representation of the debtor’s principal resulted in denial of all compensation sought by counsel for the corporate debtor.
April 13, 2022
In a case that may be headed to the U.S. Supreme Court at least once more, the Fourth Circuit is subjecting 26 multinational oil companies to the tender mercies of the Maryland state courts.
April 12, 2022
To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.
April 11, 2022
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
April 8, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
April 7, 2022
Being branded as a creditor is like a tattoo; it won’t ever come off.