June 17, 2019
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
June 13, 2019
The right of indemnification by a bankrupt isn’t establishing ‘related to’ jurisdiction in federal court.
June 12, 2019
Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.
June 11, 2019
Fairness and economic realities persuade Judge Jernigan to insulate a contractor from a preference claim.
June 07, 2019
BAP says the Tenth Circuit adopts legal fictions to create preferences.
June 06, 2019
Are utility customers entitled to an official committee because they will fund the reorganization plan? Judge Montali says ‘no.’
June 04, 2019
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
June 03, 2019
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
May 31, 2019
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
May 28, 2019
Plain language of Section 547 defeated what could have been an easily avoided preference.