Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale Courts split on whether failure to redeem on time is fatal in a reorganization. Judge Name - Do not use it. Eric L. Frank Read more about Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale
Complex Litigation Can Beat a Valid Forum Selection Clause Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says. Judge Name - Do not use it. Christopher S. Sontchi Read more about Complex Litigation Can Beat a Valid Forum Selection Clause
Lender Can’t Use Corporate Structure to Waive a Company’s Right to File Bankruptcy Delaware’s Judge Carey slams the door on waivers of the right to file chapter 11. Judge Name - Do not use it. Kevin J. Carey Read more about Lender Can’t Use Corporate Structure to Waive a Company’s Right to File Bankruptcy
Each Third Party Release Must Be Economically Justified, District Judge Holds Small case is making big Third Circuit law on confirmation of chapter 11 plans. Judge Name - Do not use it. Jose L. Linares Read more about Each Third Party Release Must Be Economically Justified, District Judge Holds
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code? Courts use four approaches to harmonize Butner with Segal v. Rochelle. Judge Name - Do not use it. Gregory L. Taddonio Read more about Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Recent Decisions Bar Cramdown on Mixed-Use Principal Residences Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders. Judge Name - Do not use it. John K. Sherwood Read more about Recent Decisions Bar Cramdown on Mixed-Use Principal Residences
Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs State law overrides ‘significant policy concerns’ in Supreme Court decision. Judge Name - Do not use it. Christine M. Gravelle Read more about Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs
Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time Courts split on whether failure to redeem on time is fatal in reorganization. Judge Name - Do not use it. Ashely M. Chan, John T. Laney III Read more about Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time
Third Circuit Insulates the IRS from Preference Claims for Trust Fund Taxes Aggregation was not permitted to surmount the $6,225 minimum for preferences. Judge Name - Do not use it. Thomas M. Hardiman Read more about Third Circuit Insulates the IRS from Preference Claims for Trust Fund Taxes
Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment Third Circuit relies on a Seventh Circuit opinion to understand Illinois law. Judge Name - Do not use it. Julio M. Fuentes Read more about Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment