December 28, 2023
Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.
December 27, 2023
3rd Circuit , Delaware ,
No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.
December 26, 2023
The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.
December 21, 2023
3rd Circuit , Delaware ,
A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.
December 20, 2023
4th Circuit , Maryland ,
The ‘new value’ offered by old equity in a chapter 11 plan was insufficient because it was only a small fraction of claims and because the dividend to creditors was also small.
December 19, 2023
Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.
December 18, 2023
Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.
December 15, 2023
Invoking Supreme Court authority, the Tenth Circuit says that inferences from the evidence are reviewed for clear error just like findings of fact themselves.
December 14, 2023
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
December 13, 2023
The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.