September 27, 2021
Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.
September 24, 2021
Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.
September 22, 2021
The Third Circuit made more rules to decide whether an insurance company can be insulated from failure-to-warn claims by the channeling injunction in a chapter 11 ‘asbestos’ plan.
September 15, 2021
Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?
September 13, 2021
Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.
September 10, 2021
Reversing the bankruptcy court, a district judge in New York held that a civil penalty wasn’t discharged even though the fraud wasn’t committed against the government.
September 7, 2021
Although Section 1141(d)(1) sets a default rule only discharging claims that arose before confirmation, Circuit Judge Ambro says that a plan may alter the default rule and allow discharge of administrative claims arising after confirmation.
August 24, 2021
Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.
August 23, 2021
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
August 18, 2021
Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.