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November 30, 2023

Without allegations of an intentional tort, a willful breach of contract can’t be nondischargeable as a ‘willful and malicious’ injury.

November 28, 2023

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.

November 22, 2023

A district court opinion from Michigan raises the question of whether the Supreme Court’s decision in Marrama is still good law after Law v. Siegel.

November 13, 2023

The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.

November 09, 2023

The Madoff case makes more law: A claim against a bankrupt estate can’t be set off against liability for receipt of a fraudulent transfer because one arose before bankruptcy and the other arose after.

October 25, 2023

An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.

October 19, 2023

Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.

October 18, 2023

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

October 16, 2023

As a unit of the district courts, bankruptcy courts are required to grant post-judgment interest in adversary proceedings under 28 U.S.C. § 1961(a).

October 05, 2023

Judge Jacobvitz of New Mexico follows Judge Harner of Maryland in developing a standard for deciding whether a Subchapter V debtor may extend the time for filing a plan.