June 12, 2025
The debtor agreed not to raise equitable mootness on an appeal only challenging nondebtor opt-out releases.
June 11, 2025
U.S. subsidiaries of a Canadian parent were under the control of a Canadian receiver, switching COMI from the U.S. to Canada.
June 09, 2025
If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?
May 28, 2025
Another bankruptcy court in New York holds that the ability to opt out of nondebtor releases represents consent after Purdue.
May 23, 2025
Bankruptcy courts in New York and Delaware believe that Purdue did not change the law and that nondebtor releases and exculpations are still permissible in chapter 15 cases.
May 14, 2025
Although lower courts have disagreed, the Second Circuit joined three other circuits in holding that a standing trustee may not retain the percentage fee when chapter 13 cases are dismissed before confirmation. Consequently, ‘13’ debtors with confirmed plans pay standing trustees’ fees.
April 22, 2025
Following the Supreme Court’s Morgan v. Sundance, the appeals court interpreted an arbitration agreement like any other contract, with no policy favoring arbitration over litigation.
April 15, 2025
Bankruptcy Judge Littlefield insisted on supervision of post-confirmation legal fees when there was to be a ‘litany of litigation’ after confirmation.
April 10, 2025
Because all affected creditors were unanimous in support, Judge Michael Wiles didn’t agonize over whether the debtor actually had its center of main interests in the U.K.
April 02, 2025
A contempt sanction upholds the integrity of the court and doesn’t invoke Rule 69(a).
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