February 13, 2024
Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.
February 12, 2024
10th Circuit , Colorado ,
A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.
February 9, 2024
9th Circuit , Idaho ,
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
February 8, 2024
3rd Circuit , Delaware ,
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
February 7, 2024
10th Circuit , Colorado ,
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
February 6, 2024
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
February 5, 2024
Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.
February 2, 2024
A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.
February 1, 2024
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
January 31, 2024
Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.