December 7, 2020
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
December 4, 2020
The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.
December 3, 2020
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
December 3, 2020
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
December 2, 2020
2nd Circuit , New York ,
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
December 1, 2020
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
November 30, 2020
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
November 27, 2020
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
November 25, 2020
3rd Circuit , Delaware ,
Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.
November 24, 2020
10th Circuit , Utah ,
Utah district judge decides that referral fees paid by a Ponzi scheme aren’t avoidable unless the recipient had reason to suspect there was fraud.