Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
Eighth Circuit BAP crafts a preference rule protecting lenders in out-of-court workouts.
As long as the rate is legal under state law, considerations of equity will not allow a court to disallow default interest to an oversecured creditor under Section 506(b).
Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.
Eighth Circuit was compelled to overrule its own precedent that permitted the bankruptcy court to bar a debtor from amending schedules based on bad faith.