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March 30, 2018

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.

March 29, 2018

The distributive share to co-owners is not fixed as of the filing date under Section 363(j).

March 28, 2018

Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.

March 27, 2018

The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’

March 26, 2018

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

March 23, 2018

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.

March 22, 2018

Unique facts were again the basis for a result seemingly at odds with the statute.

March 21, 2018

Delaware judge shows sympathy for a creditor being stiffed by the debtor.