business Cases
April 4, 2018
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
April 2, 2018
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.
March 30, 2018
Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
March 30, 2018
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.
March 29, 2018
The distributive share to co-owners is not fixed as of the filing date under Section 363(j).
March 28, 2018
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
March 27, 2018
The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.
March 21, 2018
3rd Circuit , Delaware ,
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
4th Circuit , Maryland ,
Unperformed obligations must be ‘material’ for a contract to be executory.