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November 06, 2020

Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.

November 05, 2020

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.

November 03, 2020

Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.

November 02, 2020

Although ineligible on its own to be a debtor under subchapter V of chapter 11, the debt of the ineligible company is nonetheless aggregated with the debts of its affiliates to determine whether affiliates are eligible for subchapter V.

October 30, 2020

Creditors are entitled to ‘default interest’ when the debtor is solvent.

October 27, 2020

A cramdown plan can reduce the collateral coverage for secured creditors.

October 23, 2020

The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).

October 22, 2020

Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.

October 21, 2020

Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.

October 20, 2020

Electing English law upheld, even though no one had any connection with the U.K.