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March 23, 2023

Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.

March 16, 2023

Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.

March 14, 2023

District judge in Connecticut upheld an award of ‘default’ interest, even though the fully secured lender had opposed the chapter 11 process and resisted the use of its cash collateral.

March 13, 2023

A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.

March 08, 2023

When there was a knowing violation of injunctions in the plan and confirmation order, the Seventh Circuit said that the appeal bordered on frivolous.

March 07, 2023

A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.

March 06, 2023

The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.

March 02, 2023

Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.

March 01, 2023

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

February 27, 2023

The Fourth Circuit wrote a scholarly (and dense) opinion differentiating among bankruptcy standing, bankruptcy appellate standing and constitutional standing.