February 17, 2023
A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.
February 16, 2023
An act of Congress that waived sovereign immunity for Marines at Camp Lejeune meant that personal injury tort claims did not arise when the injury was sustained.
February 15, 2023
When it comes to overbroad exculpations and nondebtor releases, a nonseverability clause in a chapter 11 plan won’t invoke equitable mootness to dismiss an appeal from confirmation.
February 13, 2023
Bound by Dow Corning, which permitted nondebtor releases, the Sixth Circuit had to explain why the same releases are not permissible in equity receiverships.
February 13, 2023
A preliminary injunction in state court didn’t invoke comity or Rooker-Feldman to bar the bankruptcy court from rejecting an executory contract.
February 10, 2023
To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.
February 9, 2023
9th Circuit , Oregon ,
An Oregon power company appears headed for the Ninth Circuit to decide whether electric power qualifies as “goods” to be accorded the 20-day priority.
February 8, 2023
Bankruptcy Judge Michael Wiles differed with his colleagues who in previous years had employed the ‘time approach’ in calculating a landlord’s rejection damages under Section 502(b)(6).
February 7, 2023
The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.
February 6, 2023
When a stay violator refused to reimburse debtor’s counsel for fees to stop the stay violation, Judge Rebecca Connelly awarded attorneys’ fees for time spent to collect attorneys’ fees.