November 22, 2021
Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’
November 19, 2021
Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.
November 18, 2021
The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.
November 17, 2021
Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.
November 16, 2021
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
November 15, 2021
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.
November 12, 2021
Insurance coverage disputes are ‘routinely resolved in summary judgment,’ counseling against immediate withdrawal of the reference of a non-core lawsuit, district judge says.
November 11, 2021
Judge Clarkson laid down guidelines for a lawyer who copies pleadings written by another lawyer in a different case.
November 10, 2021
The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans
November 9, 2021
The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.