April 14, 2020
Stripping Down a Mortgage on a Mixed-Use Property Under the SBRA
A New York court allows a chapter 11 case pending for 15 months to redesignate for treatment under the Small Business Reorganization Act.
2nd Circuit, New York, New York Eastern DistrictApril 13, 2020
First Circuit Issues a Landmark Opinion on Valuation of Disputed Claims
The value of a disputed claim is proven by showing the likely validity of the claim and the likelihood of recovery, not just by establishing the possible damages.
1st CircuitApril 10, 2020
Lack of Familiarity with PACER Is No Excuse for a Late Filing
Filing with PACER should be left to the experts, by which we mean paralegals.
10th Circuit, UtahApril 09, 2020
Suit by Foreign Liquidators Was Remanded to State Court
Delaware district judge permits remand when the suit was subject to mandatory abstention.
3rd Circuit, DelawareApril 08, 2020
Critical Vendor Motion Heads for the Second Circuit
New York district court upholds a typical critical vendor order.
2nd Circuit, New York, New York Southern DistrictApril 07, 2020
Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
10th Circuit, ColoradoApril 06, 2020
Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
1st Circuit, Rhode IslandApril 03, 2020
Claims Subject to Bona Fide Dispute Are Included in Deciding Eligibility for Chapter 13
If a creditor objects to chapter 13 eligibility in good faith, the court may look behind the debtor’s schedules to decide whether the debt exceeds the cap.
9th CircuitApril 02, 2020
‘Oops’ and ‘Mea Culpa’ Won’t Make a Security Interest Attach, Judge Nugent Says
When it comes to attachment and perfection of a security interest, the devil is in the details.
10th Circuit, KansasApril 01, 2020
Fifth Circuit Cites ‘Clearly Erroneous’ Findings to Declare a Debt Nondischargeable
Circuit says it’s easy to show reasonable reliance on a false financial statement.
5th Circuit