The Right to Credit Bid Does Not Preclude Charging a Buyer’s Premium at Auction
When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.
A Deceased Chapter 13 Debtor Can Still Obtain a Discharge, Judge Parker Says
Death is a reason for waiving the requirement for completing a financial management course.
Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
Are Inheritances Estate Property in Chapter 13? You Decide
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
Lender Socked in Dallas with $17 Million in Damages for Breach of Contract and Fraud
A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.
Arbitration Clause Not Enforceable When the Contract Itself Was Rejected
Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.
Three-Year Bar to Refiling in Chapter 13 Imposed for ‘Vexatious, Frivolous’ Litigation
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
On an ‘Involuntary,’ Denial of Summary Judgment Doesn’t Mean the Claim Is Disputed
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
Fees Benefiting Only the Debtor — and Not the Estate — Are Compensable in Chapter 13
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.
Liquidating a Defunct Corporation Qualifies for the SBRA, Judge Lopez Says
Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.