December 11, 2020
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
December 7, 2020
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
July 28, 2020
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
July 10, 2020
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.
May 12, 2020
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
March 27, 2020
Eighth Circuit BAP crafts a preference rule protecting lenders in out-of-court workouts.
March 26, 2020
As long as the rate is legal under state law, considerations of equity will not allow a court to disallow default interest to an oversecured creditor under Section 506(b).
March 11, 2020
Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
February 14, 2020
Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.
December 4, 2019
Eighth Circuit was compelled to overrule its own precedent that permitted the bankruptcy court to bar a debtor from amending schedules based on bad faith.