First Circuit: Citizenship of Trustee Without Description of Nature of the Trust Is Insufficient to Establish Diversity Jurisdiction Emphasizing that
the Trust Is Insufficient to Establish Diversity Jurisdiction Emphasizing that special attention is warranted when invoking diversity jurisdiction...
Failure to Read Documents Incorporated by Reference Leads to Dilution of 50% Stake in Company to a Minority Interest The obligation of a contracting
50% Stake in Company to a Minority Interest The obligation of a contracting party to read a contract extends to documents incorporated by reference.
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)...
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...
Bankruptcy Courts Do Not Have Jurisdiction to Provide Equitable Tax Relief to Innocent Spouses In Geary v. United States, et al., the U.S. Bankruptcy
Relief to Innocent Spouses In Geary v. United States, et al., the U.S. Bankruptcy Court for the Western District of Pennsylvania held that bankruptcy...
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.
Fifth Circuit: Bankruptcy Court Exceeded Its Authority in Approving Post-confirmation Settlements of Discharged Claims
Post-confirmation Settlements of Discharged Claims After Chesapeake Energy Corporation’s Chapter 11 plan became effective.
Hours ago the Supreme Court of the United States resolved a split among several circuits of the U.S. Courts of Appeal on whether Section 363(m)
several circuits of the U.S. Courts of Appeal on whether Section 363(m) of the Bankruptcy Code is jurisdictional in nature.