September 27, 2024
The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
2nd Circuit
September 25, 2024
A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.
5th Circuit
September 24, 2024
The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.
3rd Circuit, New Jersey
September 09, 2024
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
9th Circuit
August 30, 2024
The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.
9th Circuit
August 29, 2024
A noncompetition agreement that would preclude finding other sources of revenue can be the basis for showing irreparable harm and entitlement to a preliminary injunction.
3rd Circuit
August 12, 2024
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.
Supreme Court
August 08, 2024
Motions for fees must be made within 14 days of the entry of judgment.
1st Circuit
August 07, 2024
To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’
5th Circuit
August 06, 2024
The district court shouldn’t have substituted its own judgment for the bankruptcy court’s conclusion about what’s equitable, Tenth Circuit says.
10th Circuit
