For ‘Sub V’ Eligibility, Count the Debt of Affiliates Liquidating in Chapter 7
Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.
Equity Governs When Lease Rejection May Be Retroactive to the Filing Date
The ‘cap’ for lease-rejection damages can start when the debtor attempts to surrender the premises.
Denial of Modification of a Chapter 11 Plan Is Final and Appealable
Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.
How to Turn Prepetition Work into a Postpetition Administrative Claim
Prepetition brokerage fees characterized as rent under an aircraft lease were administrative claims to be paid in full under Section 365(d)(5).
U.S. Trustee Dodged Payment of Attorneys’ Fees Under the Equal Access to Justice Act
The Sixth Circuit holds that a debtor cannot recover attorneys’ fees from the U.S. Trustee under the EAJA in a contested matter, but leaves open the possibility of liability for counsel fees in a losing adversary proceeding.
With Reservations, a Chapter 11 Debtor with No Financial Distress Avoids Dismissal
Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.
U.S. Trustee Rebuffed in Objecting to Rates Higher than Local Rates
‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).
BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases
The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.
When Inherited Property Becomes Property of the Debtor’s Bankruptcy Estate
Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.
No Condemnation When Government Takes Over Property to Prevent Public Injury
No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.