August 31, 2023
The RICO suit by Jay Alix Against McKinsey mostly survived a motion to dismiss.
August 28, 2023
With four circuits in agreement, the Supreme Court isn’t likely to grant cert to rule on whether chapter 11 debtors are entitled to refunds for overpayment of U.S. Trustees fees that were held unconstitutional in Siegel.
July 31, 2023
With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.
July 25, 2023
Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.
June 28, 2023
The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.
June 26, 2023
Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.
June 20, 2023
Providing an adult child with room and board in the family home is not a fraudulent transfer.
June 14, 2023
Bankruptcy Judge Shannon says that the liquidating trust was not debtor’s counsel’s former client.
3rd Circuit , Delaware ,
May 19, 2023
Affirming the bankruptcy court, the district court found that bifurcated fees are excessive and that inadequate disclosures violated Sections 526 and 528.
April 10, 2023
Fourth Circuit opinion shows how abstention is a powerful tool that insulates an erroneous decision from appellate review.