Georgia Court Differs with Circuit Opinions on PBGC Claim Calculation
Court says circuit opinions on PBGC claims before Supreme Court’s Raleigh opinion are no longer good law.
Litigation Funding Could Be Champertous in Some States
Financing litigation is champertous if the lender exercises control.
Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders
Judge Erik Kimball explains why retainers are free of lenders’ liens.
Involuntary Debtor’s Flim-Flam Turns Off a Court of Equity
Involuntary debtor wins on one equitable principle, only to lose on another.
Second Circuit Discusses Role of Chapter 15 in Cross-Border Litigation
Chapter 15 isn’t the exclusive means for enforcing foreign bankruptcy court judgments.
Typical Fannie/Freddie Mortgages Can’t Be Crammed Down, Fourth Circuit Says
Escrows and miscellaneous proceeds held to be real property, not additional collateral.
Second Circuit Blesses a Nonconsensual Out-of-Court Restructuring
Appeals court focuses on the methods, not the result, in looking for a TIA violation.
Courts Divided over Jury Trials for Breach of Post-Petition Contracts
Barton, Granfinancier, and Langenkamp should be harmonized with Section 959.
Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction
New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.
Supreme Court Hears Argument on Stale Claims and the FDCPA
Debtors have an uphill fight for the Supreme Court to ban the filing of stale claims.