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October 09, 2020

October 01, 2020

An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.

September 16, 2020

Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.

September 14, 2020

The government lost a winnable appeal by failing to present evidence in bankruptcy court.

September 09, 2020

Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement

August 31, 2020

Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’

August 28, 2020

Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.

August 07, 2020

Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.

July 30, 2020

On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.

April 09, 2020

Delaware district judge permits remand when the suit was subject to mandatory abstention.