November 2, 2022
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.
November 1, 2022
District judge holds that the safe harbor in Section 546(e) applies to lawsuits by foreign liquidators aiming to avoid transactions abroad under foreign law.
October 27, 2022
Anything that is ‘integrally related’ to a sale is moot in the Fifth Circuit, according to a New Orleans district judge.
October 26, 2022
If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.
October 25, 2022
Being registered, plus having directors and an address, on the Isle of Man wasn’t sufficient to show COMI or an ‘establishment’ justifying recognition under chapter 15.
October 24, 2022
Subjectively laudable reasons for violating a confidentiality order didn’t absolve the lawyer of sanctions.
October 21, 2022
The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.
October 20, 2022
Creating a circuit split, the Fifth Circuit holds that the solvent-debtor exception to the allowance of post-petition interest survived adoption of the Bankruptcy Code.
October 19, 2022
Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.
October 18, 2022
Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.