April 15, 2024
Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.
2nd Circuit, New York, New York Southern District
April 11, 2024
Following the 2005 amendments, satisfying either the subject test or the objective test will prove the ‘ordinary course’ defense to a preference, Judge Hoffman says.
6th Circuit, Ohio, Ohio Southern District
April 09, 2024
The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.
5th Circuit
April 03, 2024
With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.
3rd Circuit, Delaware
March 28, 2024
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
9th Circuit
March 25, 2024
The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.
Supreme Court
March 22, 2024
A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.
3rd Circuit, Delaware
March 21, 2024
The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.
Supreme Court
