April 21, 2022
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.
5th Circuit
March 18, 2022
The first court of appeals to reach the issue decides that the SBA properly interpreted the CARES Act to bar chapter 11 debtors from receiving PPP ‘loans.’
2nd Circuit
December 28, 2021
Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.
3rd Circuit, Delaware
November 03, 2021
In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.
11th Circuit
October 18, 2021
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
11th Circuit, Georgia, Georgia Northern District
September 15, 2021
Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?
9th Circuit, Arizona
August 20, 2021
It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.
5th Circuit
August 16, 2021
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
1st Circuit
May 11, 2021
Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.
3rd Circuit, Delaware
February 08, 2021
Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t.
5th Circuit
