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May 24, 2023

Find and Fix the Flaws in Appraisals Before They Are Subjected to Cross Examination
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
9th Circuit, California, California Eastern District

May 23, 2023

Bankruptcy Judges Agree: Later Developments Don’t Undo Subchapter V Eligibility
The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.
4th Circuit, Virginia, Virginia Western District

May 22, 2023

New York Court Holds: Claims for Electricity Don’t Get Priority Under Section 503(b)(9)
Courts are divided on whether electricity supplied within 20 days of bankruptcy gives rise to an administrative priority claim.
2nd Circuit, New York, New York Southern District

May 16, 2023

Section 546(g)'s Safe Harbor Doesn’t Apply in an Assignment for the Benefit of Creditors
A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.
2nd Circuit, New York, New York Southern District

May 15, 2023

‘Person Aggrieved’ Isn’t the Proper Standard for Bankruptcy Appeals, Circuit Says
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
9th Circuit

May 12, 2023

Courts May Bypass Equitable Mootness to Rule on the Merits, Fifth Circuit Says
Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.
5th Circuit

May 11, 2023

Student Loans Didn’t Qualify as Commercial Debt for Sub V Eligibility
The business debt necessary to qualify for Subchapter V need not to have arisen from the debtor’s business at the time of filing, Bankruptcy Judge Meier says.
9th Circuit, Idaho

May 10, 2023

Denial of Withdrawal of the Reference Isn’t a Final, Appealable Order, Circuit Says
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.
10th Circuit

May 05, 2023

‘Preponderance’ Replaced ‘Clear and Convincing’ on Adoption of the Bankruptcy Code
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
7th Circuit

May 03, 2023

Ultimate Success of the J&J Subsidiary’s Second ‘Talc’ Bankruptcy Is Up in the Air
The bankruptcy judge only gave nondebtor J&J companies a more limited stay in the second LTL chapter 11 case.
3rd Circuit, New Jersey