April 21, 2022
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.
April 8, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
April 7, 2022
Being branded as a creditor is like a tattoo; it won’t ever come off.
March 29, 2022
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
March 28, 2022
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
March 25, 2022
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
10th Circuit , Colorado ,
March 24, 2022
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
March 17, 2022
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
March 15, 2022
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
3rd Circuit , Delaware ,
March 14, 2022
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.