363 Sale Order Cannot Extinguish Statutory Obligation to Bargain With
Union Sales under 11 U.S.C. §363 have become increasingly popular because they allow a buyer to purchase assets free and clear of liens, claims.
Retroactive Approval of Ch 11 Professional Employment Still Permissible
After Acevedo-Feliciano A professional that wishes to be compensated for representing or assisting the trustee (including the debtor-in-possession)...
Equitable Tolling Effect of Prior Bankruptcy Leads to 8 Years of Nondischargeable Taxes In Rader v. IRS, the debtor filed a Chapter 13 bankruptcy
Nondischargeable Taxes In Rader v. IRS, the debtor filed a Chapter 13 bankruptcy petition on March 11, 2014.
Liens Against Pledged Revenues Did Not Attach Post-Petition
The bankruptcy judge presiding over the City of Chester’s Chapter 9 reorganization proceeding recently issued an important opinion related...
Secured Claim Reduced By $242K After Valuation of Collateral; Lien Avoidance Issue Postponed Until Confirmation Hearing
Avoidance Issue Postponed Until Confirmation Hearing In In re Rodríguez, a secured creditor filed a fully secured proof of claim for $572,986.23.
Strong September Jobs Number Hides Weakness at Large Companies Friday’s better-than-expected jobs report (+336,000) may not reflect the reality
Friday’s better-than-expected jobs report (+336,000) may not reflect the reality at big companies, according to an ADP report highlighted in today’s WSJ.
Jueza Vélez-Rivé deniega desestimar demanda contra FirstBank por alegada negligencia al abrir una cuenta de banco sin el consentimiento
negligencia al abrir una cuenta de banco sin el consentimiento de un accionista minoritario El Dr.
First Circuit Leaves Bankruptcy Court Orders Intact Despite Moot Appeal Ordinarily, when a civil case becomes moot pending appeal, the judgment below
Ordinarily, when a civil case becomes moot pending appeal, the judgment below is vacated and remanded with instructions to dismiss.
1^(st) Circuit BAP: Improperly Elected Board of Directors Could Not Authorize Bankruptcy Petition
Authorize Bankruptcy Petition The U.S. Bankruptcy Court for the District of Massachusetts did not clearly err in finding that the board of directors...
P.R. Treasury Department Again Violates Automatic Stay The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income
The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income Tax Return.” The notice pertained to a pre-petition debt...
8th Circuit: Chapter 5 Avoidance Actions Can Be Sold As Property of the
Estate The Bankruptcy Code provides the trustee with powerful tools intended to enhance the value of the bankruptcy estate.
Winding Down a Business Is a Commercial or Business Activity for Purposes of Subchapter V Eligibility
Purposes of Subchapter V Eligibility In In re Tracy Neal Robinson, Case No. 22-02414, the U.S.
9^(th) Circuit BAP: Certain Small Business Debtors Are Exempt From Nondischargeability Determinations The 9^(th) Circuit BAP joined at least eight
Nondischargeability Determinations The 9^(th) Circuit BAP joined at least eight bankruptcy courts which have held that non-individual debtors...
8^(th) Circuit: Plan Interest Rate Formula May Use Treasury Rate Instead of Prime Rate Non-consensual plans under chapters 11, 12, and 13, that
of Prime Rate Non-consensual plans under chapters 11, 12, and 13, that provide for future payments to creditors must include an interest rate which...
Completion of Building Sold in Bankruptcy Did Not Infringe Architect’s Copyright “Architectural works” are subject to copyright protection. Does this
Copyright “Architectural works” are subject to copyright protection. Does this mean that the architect of an unfinished building can stop the building...
Credit Bid Improperly Denied by Auction Company
One of the most important protections that the Bankruptcy Code provides to secured creditors in the context of a sale of collateral is the right to bid...
Chapter 11 Case Dismissed Post-confirmation Due to Debtor’s Inability to Start Payments
Start Payments Judge González of the U.S. Bankruptcy Court for the District of Puerto Rico granted the U.S.
First Circuit BAP Upholds Disallowance of Claim Based on Settlement Agreement and Rejects Fraudulent Inducement
Agreement and Rejects Fraudulent Inducement The Bankruptcy Appellate Panel for the First Circuit upheld the disallowance of a claim filed by Bonni...
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...
It is also worth noting an argument raised by Oriental Bank that was not addressed in the court’s opinion. According to the bank, the property
addressed in the court’s opinion. According to the bank, the property at issue was beyond the court’s jurisdiction because it was claimed as debtor’s...