Skip to main content
Help Center
ABI Journal

Claims

Creditors Have Standing but Not Authority to Pursue Estate Claims, Third Circuit Says

Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.

3rd Circuit
Thursday, August 6, 2020
Article Tags
Claims
Bankruptcy Litigation
Covid19
Insurance
Lender Liability
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Thursday, August 6, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Thursday, August 6, 2020
Article Tags
Claims
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Wednesday, August 5, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Wednesday, August 5, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Fraud
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Federal Income Taxes for a ‘Straddle Year’ Are Administrative Priority Claims

On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.

3rd Circuit
Delaware

The 2005 Amendments to Section 546(c) Limited the Remedies of Reclamation Creditors

Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.

8th Circuit
Nebraska

Second Circuit Broadly Caps Wage Claims Accelerated Before Bankruptcy

Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).

2nd Circuit

Creditors, Beware: Does a Trustee Qualify as a “Party-in-Interest”?

Oct 2020

Bankruptcy Code
523
727
1109
1121
Topic Tags
Claims
Bankruptcy Litigation
Practice and Procedure
Consumer Bankruptcy
Discharge/Dischargeability
Subscribe to %1