business Cases
November 3, 2020
Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.
November 2, 2020
Although ineligible on its own to be a debtor under subchapter V of chapter 11, the debt of the ineligible company is nonetheless aggregated with the debts of its affiliates to determine whether affiliates are eligible for subchapter V.
October 30, 2020
Creditors are entitled to ‘default interest’ when the debtor is solvent.
October 27, 2020
A cramdown plan can reduce the collateral coverage for secured creditors.
October 23, 2020
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
October 22, 2020
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
October 21, 2020
Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.
October 20, 2020
Electing English law upheld, even though no one had any connection with the U.K.
October 19, 2020
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
October 16, 2020
Bankruptcy Judge Thuma admonishes the parties to settle and not waste money on litigation that should go to sexual abuse victims.