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December 06, 2022

Agreement on the price and nothing else short of an enforceable contract.

December 01, 2022

The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.

November 22, 2022

Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.

November 08, 2022

Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.

October 27, 2022

Anything that is ‘integrally related’ to a sale is moot in the Fifth Circuit, according to a New Orleans district judge.

October 21, 2022

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.

October 06, 2022

If a debtor owns property as a joint tenant with right of survivorship, the trustee has nothing to sell if the debtor dies.

September 30, 2022

Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.

September 29, 2022

Judge Rosania answered a question left open by the Tenth Circuit in Barrera.

September 09, 2022

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.