July 12, 2021
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.
May 4, 2021
Courts disagree on whether a repudiated contract remains executory.
April 9, 2021
Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.
February 18, 2021
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
February 10, 2021
The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.
January 7, 2021
Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.
December 17, 2020
Neither the Bankruptcy Code nor state law permits reducing rent when government regulations restrict a debtor’s ability to generate income, Judge Isgur says.
October 30, 2020
Creditors are entitled to ‘default interest’ when the debtor is solvent.
October 29, 2020
Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.
October 27, 2020
A cramdown plan can reduce the collateral coverage for secured creditors.