Rochelle's Daily Wire

The concurring opinion, which is really a dissent, urges the Supreme Court to grant certiorari and resolve the split of circuits on nondebtor releases.

Courts are divided on whether electricity supplied within 20 days of bankruptcy gives rise to an administrative priority claim.

A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.

Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.

A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

Ruling the other way would have barred chapter 13 filings after renewing title loans.

District judge in Connecticut upheld an award of ‘default’ interest, even though the fully secured lender had opposed the chapter 11 process and resisted the use of its cash collateral.

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

Disputed facts can defeat invocation of judicial estoppel on summary judgment.