September 13, 2019
‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
September 12, 2019
Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).
September 11, 2019
Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.
September 10, 2019
Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.
September 9, 2019
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
September 6, 2019
Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
September 5, 2019
Policy informs the result when the statutory language is ambiguous.
September 4, 2019
Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.
September 3, 2019
Section 363(o) claims nonetheless must be counted in deciding whether a chapter 11 plan passes the best interests test.
August 30, 2019
An action that could violate the FDCPA may not be a violation of the discharge injunction.