March 30, 2018
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.
March 20, 2018
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.