business Cases
January 14, 2020
3rd Circuit , Delaware ,
Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.
January 14, 2020
Building on Bullard, the Supreme Court rules unanimously that a lift-stay motion is a “procedural unit” that’s appealable if the bankruptcy court “conclusively” denies the motion.
January 7, 2020
The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.
January 2, 2020
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.
December 30, 2019
Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.
December 26, 2019
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
December 20, 2019
Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.
December 19, 2019
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
December 16, 2019
Over a dissent, the Sixth Circuit holds that FERC may offer its opinion but may not bar a bankruptcy court from rejecting a power purchase agreement after considering the public interest.
December 10, 2019
3rd Circuit , Delaware ,
Saying she is in the minority in her district, a new Delaware judge ruled that allowing creditors to opt out won’t permit a plan to impose nonconsensual, third-party releases.