August 10, 2021
Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.
July 19, 2021
Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.
June 25, 2021
Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.
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).