January 23, 2017

Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders

Judge Erik Kimball explains why retainers are free of lenders’ liens.

11th Circuit, Florida, Florida Southern District

January 18, 2017

Courts Divided over Jury Trials for Breach of Post-Petition Contracts

Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.

10th Circuit, New Mexico

January 10, 2017

Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed

Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.

3rd Circuit, Delaware

December 20, 2016

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit, Utah

December 07, 2016

Supreme Court Seems Primed to Reverse Jevic, Precluding Structured Settlements

Justices search for rationale for departing from Section 507 priorities in settlements.

Supreme Court

November 07, 2016

Supplier Has No 20-Day Priority Against Partner for Goods Sold to Partnership

Uniform laws bar administrative claims against general partner under Section 503(b)(9).

5th Circuit, Mississippi, Mississippi Northern District

October 31, 2016

Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

11th Circuit, Florida, Florida Middle District

October 21, 2016

Law Professors Disagree on How the Supreme Court Should Decide Jevic on Structured Dismissals

Is there flexibility to depart from bankruptcy priorities? Professors disagree.

Supreme Court

October 17, 2016

Arbitration Agreements Held Unenforceable in WARN Act Litigation

Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.

3rd Circuit, Delaware

October 06, 2016

Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender

District judge prescribes local rule for bankruptcy courts.

5th Circuit, Louisiana, Louisiana Western District