May 12, 2021
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
May 11, 2021
3rd Circuit , Delaware ,
Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.
May 10, 2021
Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.
May 7, 2021
Harassing a former lover isn’t an automatic stay violation.
May 6, 2021
Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.
May 5, 2021
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
May 4, 2021
Courts disagree on whether a repudiated contract remains executory.
May 3, 2021
Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.
April 30, 2021
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.
April 29, 2021
Long Island’s Judge Grossman explores the intricacies of selling property free and clear for less than the amount of liens.