August 10, 2020
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
August 7, 2020
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
August 6, 2020
Two judges agree that the CARES Act amendment allowing chapter 13 plans to run for seven years is applicable only to plans confirmed before March 27.
August 5, 2020
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
August 4, 2020
Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.
August 3, 2020
10th Circuit , Colorado ,
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.
July 31, 2020
In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.
July 30, 2020
3rd Circuit , Delaware ,
On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.
July 29, 2020
New York judge gives casinos the responsibility for assuring that a gambler’s use of a corporate ATM card is not a fraudulent transfer.
July 28, 2020
8th Circuit , Nebraska ,
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.