May 31, 2023
The concurring opinion, which is really a dissent, urges the Supreme Court to grant certiorari and resolve the split of circuits on nondebtor releases.
May 30, 2023
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
May 26, 2023
A two-story commercial condominium wasn’t ‘single asset real estate,’ Judge Mastando holds.
May 25, 2023
Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.
May 24, 2023
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
May 23, 2023
The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.
May 22, 2023
Courts are divided on whether electricity supplied within 20 days of bankruptcy gives rise to an administrative priority claim.
May 19, 2023
Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.
May 18, 2023
Within the next year, four circuits will have ruled on a split where some lower courts pay chapter 13 trustees and others don’t when dismissal precedes confirmation.
May 17, 2023
The Supreme Court ducked the question of whether Puerto Rico and other U.S. territories are entitled to Eleventh Amendment sovereign immunity just like states.