business Cases
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.
May 10, 2022
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
May 9, 2022
To establish constitutional standing to appeal, an appellant must seek to overturn the order below, the Sixth Circuit BAP says.
May 6, 2022
9th Circuit , Montana ,
To settle with a trustee, a creditor is not required to volunteer damaging information.
May 4, 2022
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
May 3, 2022
The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date.
May 2, 2022
The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.
April 29, 2022
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.
April 28, 2022
Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.