May 07, 2020
Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
11th CircuitMay 06, 2020
May a Bankruptcy Court Annul the Automatic Stay after Acevedo?
Bankruptcy Judge Grossman explores the extent to which the Supreme Court’s Acevedo decision bars courts from granting relief retroactively.
2nd Circuit, New York, New York Eastern DistrictMay 05, 2020
Two More Judges Rule that Chapter 11 Debtors Are Eligible for PPP Loans
Judge Thuma of Albuquerque threatens the SBA with punitive damages if the debtor is not granted a $900,000 PPP loan.
10th Circuit, New MexicoMay 04, 2020
Split Ninth Circuit Permits Extending a Statutory Deadline After It Expires
Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.
9th CircuitMay 01, 2020
Houston Judge Enjoins SBA from Excluding Bankrupt Companies from PPP Loans
Judge David Jones found no basis in the Cares Act for precluding chapter 11 debtors from receiving PPP “loans” that the company isn’t required to repay.
5th Circuit, Texas, Texas Southern DistrictApril 30, 2020
Currently Conducting Business Isn’t Required to Qualify for the SBRA
Dealing with the debt left over from a defunct business is enough to qualify as a small business debtor under the new subchapter V of chapter 11, Judge Burris rules.
4th Circuit, South CarolinaApril 28, 2020
Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
11th Circuit, Georgia, Georgia Northern DistrictApril 27, 2020
New York Bankruptcy Judge Declines to Follow Enron Decision by SDNY District Judge
Claims traders are put on notice: Purchasing a claim doesn’t insulate the buyer from disallowance under Section 502(d).
2nd Circuit, New York, New York Southern DistrictApril 21, 2020
Justices Postpone Argument in Fulton until the Supreme Court’s Next Term
Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
Supreme CourtApril 21, 2020
As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver
10th Circuit, Colorado