July 09, 2024
Having previously set aside a $240,000 sanction as criminal contempt, the Fifth Circuit affirmed $450,000 in civil contempt against the same contemnor in the same bankruptcy case.
5th Circuit
July 08, 2024
Disagreeing with two bankruptcy courts in Houston, Miami’s Judge Isicoff holds that a Sub V plan with a nonvoting class can be confirmed only as a nonconsensual plan.
11th Circuit, Florida, Florida Southern District
July 05, 2024
Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.
11th Circuit, Florida, Florida Middle District
July 01, 2024
To resolve a circuit split, the Supreme Court has agreed to decide whether a trustee can sue the government to recover a fraudulent transfer under state law when sovereign immunity would bar an ‘actual creditor’ from suing.
Supreme Court
June 28, 2024
Justice Gorsuch for the majority bans third-party releases broader than a discharge for those who don’t surrender all their assets to the court.
Supreme Court
June 27, 2024
The Second Circuit gives competitors license to mount false advertising unless it’s ‘virtually certain’ to affect a debtor’s customer contracts or goodwill.
2nd Circuit
June 20, 2024
Bankruptcy Judge Hercher agreed with the results in the Fourth and Fifth Circuits but disagreed with some of the appeals courts’ logic.
9th Circuit, Oregon
June 18, 2024
To align with congressional intent underpinning Section 365(d)(3), Judge Gravelle gave the landlord an administrative claim for base rent due after filing and before automatic rejection.
3rd Circuit, New Jersey
