October 21, 2022
Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11
The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.
2nd CircuitOctober 18, 2022
Otherwise Valid Post-Petition Claims Sometimes Won’t Qualify for Administrative Status
Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status.
10th Circuit, Oklahoma, Oklahoma Western DistrictSeptember 30, 2022
Although It Paid Creditors in Full, Eleventh Circuit Subordinates an Unauthorized Loan
Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.
11th CircuitAugust 18, 2022
After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees
The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.
10th CircuitJune 15, 2022
Supreme Court Won’t Rule on Remedies for Overpayments and Violation of Rule 3002.1
The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.
Supreme CourtJune 06, 2022
2018 Increase in U.S. Trustee Fees Held Unconstitutional by the Supreme Court
The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.
Supreme CourtApril 20, 2022
Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
Supreme CourtApril 07, 2022
‘Once a Creditor, Always a Creditor,’ Even if the Claim Is Paid, Judge Phillips Says
Being branded as a creditor is like a tattoo; it won’t ever come off.
4th Circuit, Virginia, Virginia Eastern DistrictMarch 25, 2022
UCC’s ‘Predominant Purpose’ Text Isn’t Used to Decide Priority Status Under § 503(b)(9)
A hybrid contract covering both goods and services is accorded priority status under Section 503(b)(9) only for the value of the goods, even if the contract primarily involved the sale of goods.
10th Circuit, ColoradoMarch 03, 2022
Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom
No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.
2nd Circuit, New York, New York Eastern District