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May 03, 2019

Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.

May 01, 2019

Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.

April 30, 2019

If the involuntary corporate debtor was deadlocked and unable to act, the dissenter would have permitted a 50% shareholder to seek damage for dismissal of the petition.

April 25, 2019

In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.

April 23, 2019

Supreme Court will not rule on whether upholding the integrity of the judicial system by itself confers appellate standing.

April 22, 2019

Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.

April 19, 2019

Judge in Mississippi remands a suit to state court because the notice of removal was filed with the bankruptcy clerk, not the district court clerk.

April 18, 2019

Perfecting a consignment is easy, but failing to do so is disastrous.

April 15, 2019

Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?

April 12, 2019

Bankruptcy Judge Wiles explains the jurisdictional, statutory and constitutional reasons why nonconsensual releases are improper in the Second Circuit except in exceptional circumstances.