Judge Lamoutte: Bankruptcy Court Lacks Jurisdiction Over Breach of Contract Claim Based on Interest Owed on “Pass-Through” Claim
Contract Claim Based on Interest Owed on “Pass-Through” Claim A creditor’s action to collect interest owed on a pre-petition pass-through claim from...
Suit Against ORIL Dismissed After Bankruptcy Court Declines to Pass Judgment on Soundness of Milk Regulatory Scheme In El Farmer, Inc. v.
Judgment on Soundness of Milk Regulatory Scheme In El Farmer, Inc. v. Commonwealth of PR, et al..
Pre-trial on Fraudulent Transfer Claims Should Stay in Bankruptcy Court While Trial Should Move to District Court, According to Bankruptcy Judge
While Trial Should Move to District Court, According to Bankruptcy Judge A recent opinion out of the U.S. Bankruptcy Court for the S.D.
Mortgage Lien Invalidated Due to Incorrect Description of Property
A debtor purchased a home from a developer. The property was located in a lot which had not yet been segregated from the main property.
Delay in Applying Mortgage Payments Did Not Result in Violation to Discharge Injunction
Discharge Injunction A creditor’s willful misapplication of any payments contrary to a confirmed plan can lead to a violation of the discharge...
Debtor Owns CEO’s Social Media Accounts The sole shareholder and former CEO of Vital Pharmaceuticals (and affiliates) refused to relinquish control
The sole shareholder and former CEO of Vital Pharmaceuticals (and affiliates) refused to relinquish control of the social media accounts he used...
Security Interest Substantial Compliance Doctrine Does Not Apply to Failure to File Correct Document and Fee
Failure to File Correct Document and Fee A secured creditor’s filing of an inapplicable document and payment of an incorrect fee amount when seeking...
363 Sale Fails After Court Enjoins Use of Assets Commingled With Non-debtor’s IP Rights & Confidential Information
Non-debtor’s IP Rights & Confidential Information One of bankruptcy’s most important—and often used—tools is the ability to sell estate property free...
Bondholders waived their right to a hearing on stay relief by accepting litigation schedule
litigation schedule Sometimes one has to object to the point of risking alienating the district judge in order to prevent waiver of the argument...
Member Involvement in Management of Manager-managed LLC Did Not Give Rise to Fiduciary Duties
Rise to Fiduciary Duties Under New Jersey law, absent a contrary provision in the operating agreement of an LLC.
Bankruptcy Court Finds PR Treasury Department Liable for Violating Discharge Injunction In Rivera-Padilla v. Treasury Department of PR, the Treasury
Discharge Injunction In Rivera-Padilla v. Treasury Department of PR, the Treasury Department of Puerto Rico sent a debtor a Collection Notice...
Judge Godoy Exempts From Debtor’s Discharge Debts Triggered by Divorce Decree Which Originated Under Prenuptial and Postnuptial Agreements It
Decree Which Originated Under Prenuptial and Postnuptial Agreements It is often said that the purpose of the Bankruptcy Code is to provide the “honest...
Uptier Transaction Underpinning Chapter 11 Plan Complies With Underlying Credit Agreement and With Implied Covenant of Good Faith In 2020,
Credit Agreement and With Implied Covenant of Good Faith In 2020, in response to Serta Simmons Bedding.
The attached PDF is a 23-page legal opinion issued by the U.S. Bankruptcy Court for the District of Delaware in an adversary proceeding related
Bankruptcy Court for the District of Delaware in an adversary proceeding related to the bankruptcy case of Furniture Factory Ultimate Holding, L.P.
Allegations of Self-Dealing, Uninformed Decisions, and Lack of Formalities Raise Plausible Claims for Breach of Fiduciary Duties and Debt
Formalities Raise Plausible Claims for Breach of Fiduciary Duties and Debt Recharacterization or Subordination A complaint filed by a liquidating...
Rejection of Contract Precludes Refund of Unearned Payments Under Kentucky Law
Kentucky Law A recent decision by the U.S. Bankruptcy Appellate Panel for the Sixth Circuit showcases the potential pitfalls of failing to evaluate...