October 13, 2020
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
October 9, 2020
A gaming license in Pennsylvania is a revocable ‘privilege.’
October 6, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
October 2, 2020
Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).
September 25, 2020
Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.
September 9, 2020
Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement
August 18, 2020
New York district judge differs with the Third Circuit on a bankruptcy court’s constitutional power to issue nondebtor, third-party releases.
August 14, 2020
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
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.