March 31, 2020
Permanently reducing the claim by the appraised value without a backstop means the creditor isn’t receiving the ‘indubitable equivalent,’ BAP says.
March 27, 2020
Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
March 27, 2020
Eighth Circuit BAP crafts a preference rule protecting lenders in out-of-court workouts.
March 26, 2020
As long as the rate is legal under state law, considerations of equity will not allow a court to disallow default interest to an oversecured creditor under Section 506(b).
March 24, 2020
Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.
March 23, 2020
Discharge was violated, but sanctions are likely out of reach.
March 19, 2020
The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.
March 18, 2020
Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.
March 17, 2020
Judge Grossman finds a way to grant allowances of compensation for services performed before the entry of a retention order.
March 13, 2020
The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’