business Cases
April 6, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
April 4, 2022
A prevailing party can’t appeal arguably erroneous findings.
April 1, 2022
3rd Circuit , Delaware ,
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
March 28, 2022
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
March 25, 2022
10th Circuit , Colorado ,
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
March 23, 2022
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.
March 21, 2022
Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
March 18, 2022
The first court of appeals to reach the issue decides that the SBA properly interpreted the CARES Act to bar chapter 11 debtors from receiving PPP ‘loans.’
March 17, 2022
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
March 15, 2022
3rd Circuit , Delaware ,
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.