It Wasn’t a Good Idea for 3M Corp. to Call Its Multidistrict Litigation a ‘Failure’
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.
Claims Trader Criticized in New York for an Unauthorized PACER Filing
A court filing by a claims trader was stricken from the docket because it contained judges’ direct email addresses.
Third Circuit Upholds Draconian Sanctions for Section 327 Nondisclosure
An opinion by Thomas Ambro shows how the Third Circuit won’t cut any slack for nonbankruptcy lawyers when it comes to retention disclosure.
Chapter 13 Debtor Can’t Sue to Avoid an Unperfected Mortgage, District Judge Says
Wisconsin district judge implies that a chapter 13 debtor might obtain ‘derivative standing’ to avoid an unperfected mortgage.
An Order Allowing a Priority Claim Must Be Appealed Immediately, Circuit Says
An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.
A Section 542(b) Turnover Action Can’t Be Used to Compel Payment of a Judgment
Writs of execution and supplemental proceedings, not turnover actions, are the methods for enforcing a money judgment, Bankruptcy Judge Warren says.
Failure to Exercise a Purchase Option Is Not a Transfer, Third Circuit Says
The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.
Arguments Both Ways, Power to De-Designate from Subchapter V Left Undecided
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
Second Circuit: Unimpaired, Unsecured Creditors Don’t Get Post-Petition Interest
There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.
Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says
Some tasks are too complex for lawyers and should be performed by paralegals.