August 10, 2020
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
August 5, 2020
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
July 27, 2020
A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.
July 22, 2020
Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).
May 19, 2020
The belief that Section 363(m) is jurisdictional allowed a buyer to profit from taking a misleading position in bankruptcy court.
May 13, 2020
Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.
May 7, 2020
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
May 4, 2020
Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.
March 11, 2020
Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
March 3, 2020
District court reverses and bars Sears from assigning Mall of America lease.