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business Cases

March 21, 2018

Delaware judge shows sympathy for a creditor being stiffed by the debtor.

March 20, 2018

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

March 16, 2018

Unperformed obligations must be ‘material’ for a contract to be executory.

March 15, 2018

Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility.

March 12, 2018

Montana judge cuts committee counsel’s interim allowance to rates charged by debtor’s counsel.

March 7, 2018

Jewel has now been formally rejected in New York and California. Washington, D.C. is next.

March 5, 2018

Some justices are critical of the existing test for ruling on non-statutory insider status.

February 28, 2018

An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.

February 27, 2018

Intermediate transfers to financial institutions do not trigger the safe harbor.