Bankruptcy Judge Stong Penned a Compendium About Eligibility for Subchapter V
Another judge holds that dealing with debt from a defunct business satisfies the eligibility requirement for Subchapter V.
A RICO Case Shows that Final Fee Allowances Don’t Confer Immunity
The RICO suit by Jay Alix Against McKinsey mostly survived a motion to dismiss.
Another Article III Judge Won’t Let Bankruptcy Stop Suits Against Nondebtors
The same day the Supreme Court decided to hear Purdue, a district judge on Long Island, N.Y., sent dozens of long-stayed sexual abuse cases back to state court where the debtor is not a named defendant.
Unlike Yesterday’s Story, a Two-Nondebtor Lawsuit Didn’t Have ‘Related To’ Jurisdiction
Unlike the case we reported on yesterday, there was no ‘related to’ jurisdiction because the outcome of a suit between two nondebtors wouldn’t have a direct effect on the bankrupt estate.
A Suit Between Two Nondebtors Might Have ‘Related To’ Jurisdiction
There could be ‘related to’ jurisdiction if a lawsuit between nondebtors might reduce claims against the bankrupt estate.
Default Rates Imposed Before Filing Must Be Cured to Assume a Loan Agreement
Monetary defaults, including default rates and fees, must be cured before a debtor may assume a loan agreement, New York’s Judge Bentley rules.
A Contract to Produce a TV Series Wasn’t a Personal Services Contract
Contracts with corporations aren’t likely to be personal services contracts.
Eligibility for Subchapter V Is Liberal, but Not Wide Open
Courts are split on whether the debt providing eligibility for Sub V must have arisen from a business that was active on the filing date.
Trustee Admonished for Filing Suit Reflecting a ‘Disturbing Lack of Judgment’
Providing an adult child with room and board in the family home is not a fraudulent transfer.
Lack of a Common Plan or Scheme Means It Isn’t Single Asset Real Estate
A two-story commercial condominium wasn’t ‘single asset real estate,’ Judge Mastando holds.