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ABI Journal

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.

August 25, 2022

A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.

August 17, 2022

An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.

July 22, 2022

When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.

July 20, 2022

The Seventh Circuit has yet to rule precisely on whether the bankruptcy court can sell assets free and clear of successor liability.

July 13, 2022

On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.

June 30, 2022

Exempt assets are included in the calculation of chapter 13 projected disposable income to the extent that the exempt asset produces income.

June 06, 2022

After almost three years in chapter 11 without a consensual plan, Bankruptcy Judge Warren is allowing sexual abuse claimants to sue nondebtor parishes and schools.

June 01, 2022

If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.

May 06, 2022

To settle with a trustee, a creditor is not required to volunteer damaging information.