U.S. Trustee Rebuffed in Objecting to Rates Higher than Local Rates
‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).
Reverse Contingencies Are Permissible in Bankruptcy Cases, Judge Olack Says
Compensation in a bankruptcy case can be based on savings to the estate, not only on cash recoveries by the estate.
Debt of an Ineligible Affiliate Is Included in the $7.5 Million Cap for Subchapter V
Although ineligible on its own to be a debtor under subchapter V of chapter 11, the debt of the ineligible company is nonetheless aggregated with the debts of its affiliates to determine whether affiliates are eligible for subchapter V.
Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract
Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.
Is a Notice of Removal Filed in Bankruptcy Court Ok? Courts Are Split
Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.
The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit
The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.
Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim
Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.
Supplier Has No 20-Day Priority Against Partner for Goods Sold to Partnership
Uniform laws bar administrative claims against general partner under Section 503(b)(9).