February 25, 2020
Bankruptcy Judge Scott Clarkson of Santa Ana, Calif., issued the first reported decision on the new small business reorganization law that became effective on February 19.
February 21, 2020
Reinstating a ruling by Bankruptcy Judge Cecelia Morris, the appeals court held that the Manville asbestos trust covers both in rem and in personam claims by ‘future’ claimants against insurers and brokers.
February 20, 2020
Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.
February 12, 2020
Since Congress has made student loans virtually nondischargeable, why can’t a chapter 13 plan discriminate in favor of paying more toward student loans?
February 3, 2020
Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.
January 21, 2020
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
January 16, 2020
Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says.
January 15, 2020
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
January 7, 2020
The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.
December 23, 2019
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.