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
3rd Circuit , Delaware ,
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
3rd Circuit , Delaware ,
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.
September 9, 2020
3rd Circuit , Delaware ,
Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement
September 8, 2020
Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?
September 4, 2020
Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).