September 23, 2020
Findings of fact to show satisfaction of the best interests test ordinarily should be numerical comparisons, Ninth Circuit BAP Says
September 22, 2020
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
September 21, 2020
The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.
September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
September 17, 2020
Detroit’s Judge Randon holds that a chapter 13 plan’s five-year duration begins to run from the first payment, not from confirmation.
September 16, 2020
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
September 15, 2020
Even though the price and terms were ‘entirely fair,’ Bankruptcy Judge Garrity disapproved DIP financing that would have locked in the right of controlling shareholders to purchase new stock at a 20% discount.
September 14, 2020
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
September 11, 2020
Bankruptcy Judge Glenn hints that the lenders and the debtor should mediate tough questions about the enforceability of a $150 million ‘sale’ of future credit card receivables.
September 10, 2020
Bankruptcy Judge Martin Glenn imposed civil contempt sanctions for ignoring court orders over five years.