January 21, 2025
The ‘ordinary course’ defense only applies to credit terms with healthy customers, not to debtors in financial distress, even if pressure is ordinary in the industry.
3rd Circuit, Delaware
January 17, 2025
A district court in New Jersey says that a discretionary fee award is neither a bonus nor an enhancement.
3rd Circuit, New Jersey
January 14, 2025
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
5th Circuit
January 13, 2025
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
5th Circuit
January 10, 2025
A district judge in Ohio declined to sit as an appellate court by deciding whether a bankruptcy court in another state had properly ‘spread’ the automatic stay.
6th Circuit, Ohio, Ohio Northern District
December 30, 2024
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
3rd Circuit, Delaware
December 24, 2024
The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.
9th Circuit
