Judge Thuma describes nonstatutory exceptions to the statutes of limitations in Sections 546(a) and 550(f).
The obligation on a mortgage is incurred when the mortgage is granted, even though the payment default may occur after filing, Judge Thuma says.
Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing
Judge Thuma of Albuquerque threatens the SBA with punitive damages if the debtor is not granted a $900,000 PPP loan.
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.
Baker Botts v. ASARCO doesn’t prohibit retention agreements allowing fees for defense of fees, judge holds.
Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.
‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.
Courts employ three dates for commencement of adequate protection payments.