October 30, 2020
Creditors are entitled to ‘default interest’ when the debtor is solvent.
October 13, 2020
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
September 29, 2020
Insurance companies must nail down the treatment of performance bonds before plan confirmation.
September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
September 02, 2020
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
September 01, 2020
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.
August 11, 2020
The Seventh Circuit uses broad equitable powers to prevent one member of a class from receiving a settlement when appealing an issue applicable to the entire class.
August 07, 2020
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
July 30, 2020
On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.
July 28, 2020
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.