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January 04, 2022

A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.

January 03, 2022

Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.

December 30, 2021

New Jersey judge says that professionals may not be able to limit liability when malpractice is more than mere negligence.

December 29, 2021

The possibility that interim compensation allowances can be disgorged means that counsel won’t have an undue advantage over other administrative creditors, Judge Cleary says.

December 28, 2021

Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.

December 27, 2021

Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.

December 23, 2021

The new decision from the Second Circuit is based on prior opinions where the appeals court said there was no “jurisdiction” when it would have been correct to say there was no “power.”

December 22, 2021

At the courthouse, the public is only entitled to free access to papers filed in that district.

December 21, 2021

Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.

December 20, 2021

Manhattan district judge vacated confirmation of Purdue Pharma’s chapter 11 plan because the court had no statutory power to impose non-consensual releases of creditors’ direct claims against non-debtors.