WARN Act Damages of $15,100 Per Worker Are Section 507(a)(4) Priority Claims
A chapter 11 debtor may be saddled with smaller WARN Act claims by imposing mass layoffs after filing.
Opposing Relief, a Creditor Isn’t Required to Show Constitutional Standing
Delaware’s Bankruptcy Judge Goldblatt explains why the Supreme Court’s Truck Insurance opinion says nothing about Article III constitutional standing.
State Bar Disciplinary Proceedings Aren’t Barred by the Automatic Stay or Discharge
A BAP decision raises the question of whether Ninth Circuit authority has been implicitly overruled by Supreme Court decisions.
Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
Plan Didn’t Extinguish Debts, Only Discharged Them, Fifth Circuit Says
A plan saying that it satisfies and settles claims does nothing more than discharge the claims. It doesn’t extinguish the claims, the Fifth Circuit says.
When an Objection Is Required for an Exemption Covering ‘100% of FMV’
Judge Hoffman explains when objections are or aren’t required for exemptions covering ‘100% of FMV’ under the current form 106C.
No Stay Pending Appeal on Nondebtor Opt-Out Releases in a Chapter 11 Plan
The debtor agreed not to raise equitable mootness on an appeal only challenging nondebtor opt-out releases.
U.S. Incorporated Subsidiaries ‘Likely’ Have Chapter 15 COMI in Canada, Not the U.S.
U.S. subsidiaries of a Canadian parent were under the control of a Canadian receiver, switching COMI from the U.S. to Canada.
Supreme Court Grants ‘Cert’ in a Bankruptcy Case on Rule 60(b)(4)
Coney Island is a bankruptcy case, but the question is whether there is a time limit for a Rule 60(b)(4) motion to set aside a judgment for lack of personal jurisdiction over the defendant.
In Setting Aside a Tax-Lien Foreclosure, a Hypothetical Gave Standing to the Debtor
If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?