business Cases
May 31, 2022
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
May 27, 2022
10th Circuit , Utah ,
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
May 26, 2022
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
May 25, 2022
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
May 20, 2022
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
May 17, 2022
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
May 16, 2022
10th Circuit , Colorado ,
Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.
May 13, 2022
Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.
May 12, 2022
The Second Circuit says that an initial ‘recipient’ isn’t automatically an initial ‘transferee’ liable for an avoidable transfer under Section 550(a)(1).
May 11, 2022
Over a dissent, the Eleventh Circuit held that a 1995 chapter 11 plan discharged the liability of ‘related persons’ to pay health care benefits when a coal producer defaulted on the obligation in 2016.