Rochelle's Daily Wire

Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.

State laws differ on whether defensive appellate rights are estate property that may be sold.

The Seventh Circuit adopted a broad reading of the Section 546(e) safe harbor to dismiss a fraudulent transfer suit attacking a sale of nonpublic securities.

The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

In the Fourth Circuit, creditors are compensated when there is a ‘substantial improvement’ in a chapter 13 debtor’s financial condition.

Bankruptcy Judge Russin declines to follow the Third Circuit and adopts the conclusion of bankruptcy courts holding that Sub S status is estate property.

A secured lender need not obtain a deficiency judgment to retain a claim against an insurer for a shortfall in a bankruptcy sale, Bankruptcy Judge Grossman says.