January 29, 2025
Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.
January 27, 2025
In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.
January 16, 2025
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
January 15, 2025
If there’s a constructive trust on property in the debtor’s name, the debtor was only the trustee of the constructive trust and had no legal interest in the property.
January 14, 2025
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
January 13, 2025
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
January 08, 2025
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
December 30, 2024
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
December 23, 2024
There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.
November 26, 2024
With an exception, cases after Purdue are pointing toward approval of nondebtor releases where creditors are only allowed to opt out.