May 16, 2023
A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.
May 15, 2023
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
May 12, 2023
Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.
May 11, 2023
9th Circuit , Idaho ,
The business debt necessary to qualify for Subchapter V need not to have arisen from the debtor’s business at the time of filing, Bankruptcy Judge Meier says.
May 10, 2023
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.
May 9, 2023
An election for having a tax refund applied to the following year’s taxes can result in the loss of discharge.
May 8, 2023
Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.
May 5, 2023
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
May 3, 2023
The bankruptcy judge only gave nondebtor J&J companies a more limited stay in the second LTL chapter 11 case.
May 3, 2023
10th Circuit , Colorado ,
A discharge in bankruptcy by itself does not start the statute of limitations running on a defaulted mortgage, Colorado Supreme Court holds.