October 4, 2023
Consolidating student loans after filing creates a post-petition debt that can’t be discharged without filing bankruptcy again.
October 3, 2023
The Second Circuit found discretion to avoid a constructively fraudulent transfer of exempt property that would have enabled the debtor to pay her creditors in full.
October 2, 2023
Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.
September 29, 2023
A district judge in New York reversed the bankruptcy court, which had held that a Kuwaiti public pension fund was not entitled to sovereign immunity for having engaged in commercial activity.
The Supreme Court will hear two bankruptcy cases in the new term: nondebtor releases, and refunds for overpayment of U.S. Trustee fees.
September 28, 2023
The ‘police and regulatory’ exception to the automatic stay applies when the FTC is only seeking injunctive and equitable relief, the D.C. Circuit says.
September 27, 2023
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
September 26, 2023
Another judge holds that dealing with debt from a defunct business satisfies the eligibility requirement for Subchapter V.
September 25, 2023
Courts aren’t fully in agreement, but most hold that non-purchase money debt service on a car isn’t an ‘ownership cost’ deducted from current monthly income to arrive at disposable income in chapter 13.
September 22, 2023
Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.