July 07, 2023
Although a court may sell a nondebtor’s interest in jointly owned property, the Ninth Circuit BAP won’t permit selling free and clear of lien on the nondebtor’s interest in the property being sold.
May 24, 2023
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
May 16, 2023
A federal district judge in New York holds that the safe harbor in Section 546(g) doesn’t preempt state fraudulent transfer laws.
April 21, 2023
Supposedly nefarious facts aren’t evidence of bad faith if they were disclosed to the bankruptcy judge who nevertheless made a finding of good faith.
March 29, 2023
The district court characterized the agreement not as creating a trust but as a device designed to win priority over a prior, perfected security interest.
March 14, 2023
District judge in Connecticut upheld an award of ‘default’ interest, even though the fully secured lender had opposed the chapter 11 process and resisted the use of its cash collateral.
February 01, 2023
Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing
December 19, 2022
There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.
November 30, 2022
Once an account debtor is notified to pay the lender, not paying an account receivable to the lender can mean that the account debtor pays twice.
October 31, 2022
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.