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January 04, 2022

A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.

December 15, 2021

Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.

October 27, 2021

Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.

July 15, 2021

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.

May 14, 2021

Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.

March 08, 2021

The owner of defunct businesses was held ineligible to be a small business debtor because he was no longer the owner of an operating business. Being a non-owner executive of an operating business didn’t qualify him.

February 25, 2021

Unsubstantiated statements that a sale closed didn’t persuade a district judge in Dallas to invoke equitable or statutory mootness.

April 24, 2020

Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.

January 31, 2020

District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.

October 11, 2019

Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.