November 25, 2020

Pursuing Appointment as a Future Claims Representative Isn’t Compensable in Delaware

Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.

3rd Circuit, Delaware

November 20, 2020

Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 19, 2020

Why Must Unsecured Creditors Always Get the Dregs in Bankruptcy?

Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.

11th Circuit, Georgia, Georgia Northern District

November 18, 2020

Federal Credit Union Held to Be a ‘Governmental Unit’ for All Purposes

Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.

10th Circuit, New Mexico

November 16, 2020

‘Lifetime’ Club Memberships May Not Survive Bankruptcy

Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.

3rd Circuit, New Jersey

November 13, 2020

An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V

To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’

11th Circuit, Georgia, Georgia Northern District

November 10, 2020

Ninth Circuit Extinguishes Another Mortgage Where the Lender Had Fallen Asleep

The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.

9th Circuit

November 09, 2020

Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).

4th Circuit, North Carolina, North Carolina Western District

November 06, 2020

Fifth Circuit Upholds Constitutionality of Increase in U.S. Trustee Fees

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

5th Circuit

November 05, 2020

Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit

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

9th Circuit