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January 11, 2019

A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’

January 10, 2019

Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.

January 08, 2019

The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.

January 07, 2019

Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.

December 10, 2018

MPM Silicones makes law again, this time on subordination of junior secured lenders.

December 07, 2018

Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’

December 04, 2018

A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).

November 28, 2018

Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.

November 27, 2018

Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.