February 1, 2023
Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing
January 25, 2023
The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.
January 19, 2023
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.
January 10, 2023
Applying ordinary contract law, New York judge rules that customers are bound by contracts they haven’t read.
January 3, 2023
A court filing by a claims trader was stricken from the docket because it contained judges’ direct email addresses.
December 27, 2022
An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.
December 19, 2022
There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.
December 9, 2022
Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
November 17, 2022
Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.
November 10, 2022
One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.