business Cases
December 28, 2021
3rd Circuit , Delaware ,
Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.
December 27, 2021
Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.
December 23, 2021
The new decision from the Second Circuit is based on prior opinions where the appeals court said there was no “jurisdiction” when it would have been correct to say there was no “power.”
December 22, 2021
At the courthouse, the public is only entitled to free access to papers filed in that district.
December 21, 2021
Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.
December 20, 2021
Manhattan district judge vacated confirmation of Purdue Pharma’s chapter 11 plan because the court had no statutory power to impose non-consensual releases of creditors’ direct claims against non-debtors.
December 17, 2021
An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.
December 16, 2021
Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’
December 15, 2021
Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.
December 11, 2021
Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.