December 1, 2023
A decision from a New York bankruptcy court makes nondebtor releases easier to obtain in Subchapter V than in large, mass tort chapter 11 cases.
November 29, 2023
The 2005 amendment to Section 303(b)(1) disqualifies an involuntary petitioner if there is a dispute as to even part of the creditor’s claim.
November 28, 2023
Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.
November 21, 2023
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.
November 16, 2023
When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.
November 15, 2023
One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.
November 14, 2023
Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.
November 13, 2023
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.
November 10, 2023
Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.
November 8, 2023
We focus on ethics two days in a row, given the recent disturbing events in Houston.