Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.
The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.
Unsubstantiated statements that a sale closed didn’t persuade a district judge in Dallas to invoke equitable or statutory mootness.
Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.
District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.