Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.
Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.
Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.
Courts disagree on whether a repudiated contract remains executory.
Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.