business Cases
October 29, 2021
Standing has three components: statutory standing, constitutional standing and prudential standing, Judge Thuma explains.
October 28, 2021
The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.
October 26, 2021
3rd Circuit , Delaware ,
Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.
October 22, 2021
Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.
October 20, 2021
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
October 18, 2021
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
October 15, 2021
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
October 14, 2021
Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
October 8, 2021
The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.
October 5, 2021
5th Circuit , Louisiana ,
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.