The BAPCPA amendments in 2005 did not abrogate the absolute priority rule for individuals in chapter 11, Bankruptcy Judge Russin says.
A landlord who terminates a lease isn’t entitled to a claim for future rent, at least in Florida, according to a district judge who affirmed Bankruptcy Judge Isicoff.
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.
Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.
The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.