Two Bankruptcy Judges Address Splits on Two Major Preference Issues
Does Rule 9006(a) expand the 30-day window for perfection, and can perfection be “substantially contemporaneous” even if perfection occurs after 30 days?
Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)
Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’
Houston Judge Enjoins SBA from Excluding Bankrupt Companies from PPP Loans
Judge David Jones found no basis in the Cares Act for precluding chapter 11 debtors from receiving PPP “loans” that the company isn’t required to repay.
‘Triggering’ Creditor’s Claim Need Not Be Static Under Section 544(b)(1)
Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.
Lender and Servicer Held Liable for Making False Claim for Real Estate Taxes
Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.
U.S. Receivership Court Had No Jurisdiction over Foreign Liquidators
District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.
Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
Contractor’s Inchoate Lien Defense Defeats a Preference, Most Courts Hold
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.