October 19, 2022
Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.
October 18, 2022
Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.
October 17, 2022
A creditor can’t be compelled to arbitrate the validity of a claim before the bankruptcy court decides whether the involuntary petitioner’s claim is subject to a bona fide dispute.
October 14, 2022
Once the debtor loses the right to do business, taking customers for no consideration isn’t a fraudulent transfer, Judge Isgur holds.
October 13, 2022
False advertising that violates non-bankruptcy law isn’t necessarily a violation of the automatic stay, New York district judge says.
October 12, 2022
Counsel run the risk of being paid lower local rates in ‘mega’ cases filed in the Eastern District of Virginia.
October 11, 2022
In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.
October 10, 2022
Joining the majority of courts, Judge Grossman says that the debtor’s conduct, not the identity of the holder of the claim, determines nondischargeability.
October 7, 2022
Because Florida filing offices do not use ‘standard search logic,’ a financing statement must use the debtor’s precise, unabbreviated legal name.
October 6, 2022
If a debtor owns property as a joint tenant with right of survivorship, the trustee has nothing to sell if the debtor dies.