No Substitutes for a Stay Pending Appeal to Avoid Mootness of a Sale Order
The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.
On a Split, the Deadline for Withdrawals Is 30 Days, not the 90 Days in Rule 9027
The time to withdraw a lawsuit to bankruptcy court is governed by a general federal statute that doesn’t refer to bankruptcy, not the Bankruptcy Rule that specifically governs withdrawals to bankruptcy cases, a district judge says.
A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal
A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal
A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction
In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.
On a Split, First Circuit Holds that Deadlines to Join Involuntary Petitions Are Permissible
Changing the rule under the former Bankruptcy Act, the Code and Federal Rule 24 now allow bankruptcy courts to impose deadlines for creditors to join involuntary petitions.
Circuit Judges Disagree: Can an Investment Be So Risky that It’s a Fraudulent Transfer?
What needs to be proven before a guarantee for an investment is so speculative that it’s a fraudulent transfer? Is good faith by both the borrower and the lender enough to defeat a fraudulent transfer claim?
Forum Non Conveniens Applied When Chapter 15 Would Have Been a Better Fit
The Fourth Circuit’s nonprecedential opinion means that chapter 15 doesn’t have the exclusive remedy for enjoining U.S. litigation in cross-border bankruptcies.
A Lender Can’t Have a Lien on Avoidance Actions, District Judge Says
Just because an avoidance action is prepetition property under Section 541(a)(1) doesn’t mean that a lender can have a lien on the avoidance action as a general intangible, district judge says in affirming Bankruptcy Judge Thad Collins.
Delaware’s Judge Silverstein Writes an Opinion with Stuff on Practice and Procedure
A trustee could sue on behalf of a dissolved Delaware corporation.
Second Circuit Courts Narrowly View Finality of Bankruptcy Appeals
A district court in New York holds that denial of a settlement motion is not final and not appealable.