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Rochelle's Daily Wire | ABI Exclusive
July 17, 2019
Equitable Factors Result in Disallowance of Default Interest on a Fully Secured Claim
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.
Missouri Western District
July 16, 2019
Liquidation Value Required in a Chapter 12 Cramdown
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
July 15, 2019
Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
July 10, 2019
Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract
Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
Mississippi Southern District
July 9, 2019
Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
July 5, 2019
New York Judge Refuses to Waive Collateralization for Debtors’ Bank Accounts
In a large ‘prepack,’ the debtor was required to spend $80,000 a month for its depository bank to obtain a bond required by Section 345(b).
New York Southern District
July 3, 2019
The Debtor or Trustee Control the Privileges of an Independent Audit Committee
As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.
Supreme Court Denied ‘Cert.’ on Termination of Retiree Benefits
The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.
July 2, 2019
Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals
The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.
June 28, 2019
LLC Managers Cannot Jettison Duties of Good Faith and Fair Dealing
Arizona Supreme Court allows LLCs to sue managers and members for violation of fiduciary duties.