December 9, 2022
Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
3rd Circuit , Delaware ,
December 28, 2021
Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.
3rd Circuit , Delaware ,
December 9, 2020
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
October 30, 2020
Creditors are entitled to ‘default interest’ when the debtor is solvent.
August 25, 2020
When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.
December 3, 2019
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
March 20, 2019
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
January 23, 2019
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.