Judge Walrath Describes Due Diligence to Plead After the Amendment to Section 547(b)
The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.
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Plan Amendment Barred When Just a Few Claims Had Been Paid After Confirmation
Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.
Supreme Court Won’t Rule on Remedies for Overpayments and Violation of Rule 3002.1
The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.
Published Notice Doesn’t Result in Discharge of Some Types of Lease Claims
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.
A Corporation Can’t Appeal an Order Converting Its Own Case to Chapter 7
Former managers of a corporation can appeal a conversion order in their own right, Tenth Circuit says.
TODAY AT 1 P.M. ET: ABI Media Webinar to Examine Potential Implications of the Supreme Court’s Ruling in Siegel v. Fitzgerald
The Supreme Court on June 6 issued its opinion in Siegel v. Fitzgerald, holding that Congress’s enactment of a significant fee increase that exempted debtors in two states violated the uniformity requirement of the Bankruptcy Clause of the Constitution. A panel of experts on an ABI media webinar tomorrow at 1 p.m. ET will examine the decision and discuss its potential implications. Panelists include Prof. Stephen J. Lubben of Seton Hall University Law, Clifford J. White, III, former director of the Executive Office for U.S. Trustees and now the managing director for Bankruptcy Compliance at American Infosource, a financial technology company, Judge Melanie L. Cyganowski (ret.) of Otterbourg and Bradley L. Drell of Gold Weems. ABI Editor-at-Large Bill Rochelle will serve as the moderator for the program. To enjoy complimentary registration to view the live webinar program on Thursday, please click here: https://us06web.zoom.us/webinar/register/WN_Sb-K3cJYTvKXOBw9NaUeGQ
TOMORROW: ABI Media Webinar to Examine Potential Implications of the Supreme Court’s Ruling in Siegel v. Fitzgerald
The Supreme Court on June 6 issued its opinion in Siegel v. Fitzgerald, holding that Congress’s enactment of a significant fee increase that exempted debtors in two states violated the uniformity requirement of the Bankruptcy Clause of the Constitution. A panel of experts on an ABI media webinar tomorrow at 1 p.m. ET will examine the decision and discuss its potential implications. Panelists include Prof. Stephen J. Lubben of Seton Hall University Law, Clifford J. White, III, former director of the Executive Office for U.S. Trustees and now the managing director for Bankruptcy Compliance at American Infosource, a financial technology company, Judge Melanie L. Cyganowski (ret.) of Otterbourg and Bradley L. Drell of Gold Weems. ABI Editor-at-Large Bill Rochelle will serve as the moderator for the program. To enjoy complimentary registration to view the live webinar program tomorrow, please click here.
Rule 9011 Sanctions Imposed for Filing Decedent’s Estate to Halt Foreclosure
Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.