Rochelle's Daily Wire

At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.

Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.

Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

Courts disagree on whether a repudiated contract remains executory.

Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).

Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.

Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.

Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.