April 5, 2018
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
April 4, 2018
3rd Circuit , Delaware ,
Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.
April 4, 2018
Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.
April 4, 2018
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
April 3, 2018
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
April 3, 2018
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
April 2, 2018
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
April 2, 2018
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.
March 30, 2018
Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
March 30, 2018
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.