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April 02, 2018

Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

March 30, 2018

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.

March 29, 2018

The distributive share to co-owners is not fixed as of the filing date under Section 363(j).

March 28, 2018

Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.

March 27, 2018

The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.

March 23, 2018

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.

March 21, 2018

Delaware judge shows sympathy for a creditor being stiffed by the debtor.

March 20, 2018

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

March 16, 2018

Unperformed obligations must be ‘material’ for a contract to be executory.