April 3, 2018
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
April 2, 2018
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.
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.