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Rochelle's Daily Wire

July 1, 2020

For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.

June 29, 2020

Government often wins by arguing that the Small Business Act prohibits injunctions forcing the SBA to consider granting ‘PPP’ loans without regard to whether the applicant is a chapter 11 debtor.

June 26, 2020

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

June 24, 2020

In a rapid-fire appeal, the Fifth Circuit ruled that the Small Business Act bars bankruptcy courts from enjoining the SBA.
Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

June 23, 2020

The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.

June 22, 2020

Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).

June 19, 2020

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

June 17, 2020

Courts still have no consensus about debtors’ right to receive PPP ‘loans’ under the Cares Act.

June 16, 2020

Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.”

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