November 16, 2023
Is an Option an Executory Contract or Not?
When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.
7th Circuit, Indiana, Indiana Southern DistrictJune 13, 2023
J&J, Redux: Bankruptcy Court Dismissed 3M Subsidiary’s Chapter 11 Case
Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”
7th Circuit, Indiana, Indiana Southern DistrictJune 02, 2023
District Judge Reads the Safe Harbor Broadly to Immunize a Leveraged Buyout
Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.
7th Circuit, Indiana, Indiana Southern DistrictSeptember 09, 2022
Indiana Bankruptcy Judge Narrowly Reads the Section 546(e) Safe Harbor
Although a stock purchase and a loan payoff were only one month apart, the two transactions lacked a sufficient nexus to invoke the safe harbor, Bankruptcy Judge James Carr said.
7th Circuit, Indiana, Indiana Southern DistrictSeptember 06, 2022
Judge Predicts Seventh Circuit Wouldn’t Halt Earplug Lawsuits Against Nondebtor 3M
Judge Graham in Indianapolis sees the Seventh Circuit as interpreting ‘related to’ jurisdiction narrowly and not inclined to halt lawsuits against nondebtors without a direct effect on the bankrupt estate.
7th Circuit, Indiana, Indiana Southern DistrictFebruary 07, 2022
Supplier Socked for $3.5 Million in Preferences Although All Bills Were Paid on Time
Hounding a debtor for payment and shortening credit terms defeated an ‘ordinary course’ defense to a preference.
7th Circuit, Indiana, Indiana Southern DistrictJanuary 26, 2021
Insurers Don’t Pay Bankruptcy Costs in a Mass-Tort Chapter 11
A voluntary chapter 11 case is neither a ‘suit’ nor a ‘claim’ against a debtor giving rise to an insurer’s duty to defend.
7th Circuit, Indiana, Indiana Southern DistrictOctober 07, 2019
Debtors’ Attorneys Are Paid in Chapter 13 Before Secured Creditors
Indiana bankruptcy and district judges rule that secured lenders are only entitled to ‘adequate protection’ until the debtor’s counsel’s allowed fees have been paid in full.
7th Circuit, Indiana, Indiana Southern DistrictNovember 27, 2018
Courts Split on Arbitrating Dischargeability of Student Loans
Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.
7th Circuit, Indiana, Indiana Southern DistrictOctober 01, 2018
Disgorgement by Professionals Is Not Required in an Administrative Insolvency
Jevic doesn’t mandate forcing professionals to disgorge interim allowances to achieve a pro rata distribution to administrative claimants in an administrative insolvency.
7th Circuit, Indiana, Indiana Southern District