August 29, 2023
The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.
11th Circuit
August 25, 2023
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
8th Circuit
August 22, 2023
Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.
6th Circuit
August 21, 2023
As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.
5th Circuit
August 15, 2023
The same day the Supreme Court decided to hear Purdue, a district judge on Long Island, N.Y., sent dozens of long-stayed sexual abuse cases back to state court where the debtor is not a named defendant.
2nd Circuit, New York, New York Eastern District
August 09, 2023
The Treasury rate and prime rate are both proper starting points for pegging post-petition interest rates, but starting with Treasurys requires a larger risk premium.
8th Circuit
August 01, 2023
Rebuffed in the Second Circuit, the Solicitor General is asking the Supreme Court to stay issuance of the mandate that would allow Purdue Pharma to consummate its chapter 11 plan.
Supreme Court
July 27, 2023
Future liability on a lease was counted as a liquidated, noncontingent debt in calculating whether the Subchapter V debtor had more than $7.5 million in debt.
4th Circuit, Virginia, Virginia Eastern District
July 25, 2023
Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.
9th Circuit
