Skip to main content
ABI Journal

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 Circuit

May 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 District

May 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 Mexico

May 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 Circuit

May 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 District

April 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 Carolina

April 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 District

April 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 District

April 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 Court

April 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