Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom
No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.
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Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’
Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.
Ordinary Excuses Won’t Justify Plan-Filing Delays in Subchapter V
A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.
How the Ordinary Course Defense Works When the Supplier Doesn’t ‘Hound’ for Payment
The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’
‘13’ Trustees Are Paid Even if Dismissal Comes Before Confirmation, District Judge Says
A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.
Second Circuit Expands Standing to Ensure Integrity of the Bankruptcy Court
The U.S. Trustee is not the better or the only party to uphold the integrity of the bankruptcy court, the Second Circuit holds.
Purdue District Judge Authorizes Appeal to the Second Circuit on Non-Debtor Releases
The district judge who overturned confirmation of Purdue’s chapter 11 plan is requiring the debtor to expedite the appeal to the Second Circuit.
Creating a Split, Second Circuit Says that Section 363(m) Is Jurisdictional
The new decision from the Second Circuit is based on prior opinions where the appeals court said there was no “jurisdiction” when it would have been correct to say there was no “power.”
Third-Party, Non-Consensual Releases Nixed in the Purdue ‘Opioid’ Reorganization
Manhattan district judge vacated confirmation of Purdue Pharma’s chapter 11 plan because the court had no statutory power to impose non-consensual releases of creditors’ direct claims against non-debtors.
Chapter 15 Permits Discovery to Lay Groundwork for a Lawsuit, New York Judge Says
Judge Garrity wasn’t required to rule on whether Bankruptcy Rule 2004 applies in chapter 15 cases.