September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
September 2, 2020
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
September 1, 2020
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.
August 11, 2020
The Seventh Circuit uses broad equitable powers to prevent one member of a class from receiving a settlement when appealing an issue applicable to the entire class.
August 7, 2020
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
July 30, 2020
On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.
3rd Circuit , Delaware ,
July 28, 2020
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
8th Circuit , Nebraska ,
July 22, 2020
Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).
July 15, 2020
Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded.
July 10, 2020
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.