January 9, 2025
A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.
January 8, 2025
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
January 7, 2025
9th Circuit , Hawaii ,
Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.
January 6, 2025
A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.
December 31, 2024
‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.
December 30, 2024
3rd Circuit , Delaware ,
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
December 24, 2024
The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.
December 23, 2024
There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.
December 20, 2024
3rd Circuit , Delaware ,
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
December 19, 2024
2nd Circuit , New York ,
Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.