July 19, 2017

Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)

Judge Shannon writes an important decision for the era of ecommerce.

July 17, 2017

Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases

Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.

July 14, 2017

Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property

Tenth Circuit is in the minority by requiring affirmative action for a stay violation.

July 13, 2017

Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago

Appeals court avoids a split of circuits by deciding a different issue this time.

July 12, 2017

Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds

Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’

July 11, 2017

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

July 10, 2017

Can a Plan Modify and Pay Off a Secured Claim Without Creditor Participation?

Texas judge circumvents Fifth Circuit’s requirement of secured creditor participation in chapters 11 and 13.

July 05, 2017

Did the Supreme Court Hint that Bankruptcy Venue Is Too Broad?

The Bristol-Myers decision on state class actions may eventually affect bankruptcy venue.

June 28, 2017

Supreme Court to Decide on Choice of Law Governing Recharacterization

Supreme Court takes a third bankruptcy case for the term to begin in October.

June 27, 2017

Supreme Court Takes a Third Bankruptcy Case for Next Term, on Recharacterization