March 23, 2022
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.
March 22, 2022
Reversing the bankruptcy court, the district court decided that a local rule did not bar bifurcated fee arrangements altogether.
March 21, 2022
Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
March 18, 2022
The first court of appeals to reach the issue decides that the SBA properly interpreted the CARES Act to bar chapter 11 debtors from receiving PPP ‘loans.’
March 17, 2022
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
March 16, 2022
10th Circuit , Kansas ,
Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.
March 15, 2022
3rd Circuit , Delaware ,
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
March 14, 2022
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
March 11, 2022
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
March 10, 2022
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.