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Claims

BAP Rules that Tolling in Section 108(c) Does Not Apply to Notices Under Section 546(b)

In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.

9th Circuit
Monday, November 29, 2021
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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Wednesday, November 24, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Business Reorganization
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Judge Isicoff Explains Why a Foreclosure Sale Can’t Be a Preference

The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.

11th Circuit
Florida
Florida Southern District
Tuesday, November 23, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Venue/Jurisdiction
Business Reorganization
Health Care
Mass Torts
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Tuesday, November 23, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Insurance
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Monday, November 22, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Health Care
Mass Torts
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Friday, November 19, 2021
Article Tags
Asset Sales
Claims
Corporate Governance
Court Administration
Creditors' Committee
Mass Torts
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Res Judicata Limits an Objection to a Claim Allowed in a Prior Bankruptcy

Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.

5th Circuit
Thursday, November 18, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Mass Torts
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