July 22, 2020
Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).
July 21, 2020
New York district judge agrees with the ABI Journal: Congress did not succeed in requiring trustees to file small-dollar avoidance actions in the defendant’s district.
July 17, 2020
Did the Supreme Court’s Acevedo opinion preclude annulling the stay? The Ninth Circuit BAP says ‘no.’
July 16, 2020
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
July 15, 2020
Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded.
July 14, 2020
In a fraudulent transfer of a contract claim, a subsequent recipient of cash proceeds from the claim has no liability under Section 550(a)(2), according to the Tenth Circuit.
July 13, 2020
The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.
July 10, 2020
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.
July 7, 2020
Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11.
July 1, 2020
For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.