September 20, 2024
Bound by circuit precedent, the Eighth Circuit held that a prior receivership does not cleanse the bankruptcy estate of the in pari delicto defense.
September 19, 2024
A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.
September 18, 2024
The opinion by Circuit Judge Thomas Ambro reads Jevic as animating the solvent-debtor exception to the disallowance of unmatured interest.
September 17, 2024
The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.
September 16, 2024
3rd Circuit , Delaware ,
Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.
September 13, 2024
Bankruptcy Judge Larson administratively closed a Sub V case after substantial consummation.
September 12, 2024
For abandoned property, there is more likely to be bankruptcy jurisdiction under Section 1334(b) than Section 1334(e)(1), Fifth Circuit Judge King says.
September 11, 2024
When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.
September 10, 2024
A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.
September 9, 2024
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.