Collection of Discharged Debt From Debtor’s Alter Ego Does Not Violate Discharge Injunction
Discharge Injunction The U.S. Bankruptcy Appellate Panel for the Ninth Circuit concluded that a creditor does not violate the discharge injunction...
Bankruptcy Court Holds That LLC Agreement Requirement That a Convertible
Loan Creditor Approve a Bankruptcy Petition Is Unenforceable In In re Roberson Cartridge, Co., LLC.
Puerto Rico HOA Creditors Take Another Hit in Bankruptcy
Last February, Judge Lamoutte held that a lien created under the Puerto Rico Condominium Act, Act No.
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.
Miembro de una LLC no puede ser privado de sus derechos gerenciales o de voto por el mero hecho de radicar una quiebra aun cuando la ley estatal diga
voto por el mero hecho de radicar una quiebra aun cuando la ley estatal diga lo contrario El Rochelle’s Daily Wire de hoy discute un caso de quiebras...
Insurance Company’s Pre-petition Payment of Insurance Proceeds to Debtor’s Tort Claimant Creditor Held Voidable Under Section 547 of the Bankruptcy
Debtor’s Tort Claimant Creditor Held Voidable Under Section 547 of the Bankruptcy Code To advance the Bankruptcy Code’s goal of equitable distribution...
Subchapter V Case Converted to Chapter 7 For Inability to Propose Confirmable Plan After Blanket Security Interest Dooms Reorganization Efforts
Confirmable Plan After Blanket Security Interest Dooms Reorganization Efforts A small business reorganization was converted into a liquidation under...
Guaranty and Mortgage Granted by Debtor to Secure Affiliate’s Loan Voidable as Fraudulent Transfer Due To Inadequate Capital
Voidable as Fraudulent Transfer Due To Inadequate Capital A debtor’s guarantee and granting of a mortgage to secure an affiliate’s loan was...
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.
Bankruptcy Court Holds That a Lien Constituted Under the Puerto Rico Condominium Act for an Apartment Owner’s Liability for Common Expenses Is Not
Condominium Act for an Apartment Owner’s Liability for Common Expenses Is Not a Security Interest Until Registered Judge Enrique S. Lamoutte of the U.S.
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...
Litigation Against Debtor’s Directors and Officers is Cause to Lift Stay to Allow Access to Debtor’s D&O Insurance As part of the ongoing
Stay to Allow Access to Debtor’s D&O Insurance As part of the ongoing bankruptcy of the parent company of Silicon Valley Bank, the U.S.
Chapter 11 Case Dismissed As Bad Faith Filing
Judge Godoy of the U.S. Bankruptcy Court for the District of Puerto Rico dimissed a petition under chapter 11 after finding that it did not serve...
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...
Second Circuit: Non-consensual Third-Party Releases of Direct Claims Against a Non-debtor Can Be Included in a Chapter 11 Plan in Certain
Against a Non-debtor Can Be Included in a Chapter 11 Plan in Certain Circumstances The U.S.
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.
Rolled-Over Retirement Funds From Deceased Spouse Are Exempt Property
A debtor that rolls over the funds from a late spouse’s IRA into the debtor’s own IRA, can claim those funds as exempt under §522(b)(3)(C)...