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...
Judge González (Bankr. D.P.R.) Denies Debtor’s Request to Use Cash Generated by Post-petition Rent
Generated by Post-petition Rent A recent bankruptcy decision out of the District of Puerto Rico shows just how hard it is to reorganize for a debtor...
Liens Against Pledged Revenues Did Not Attach Post-Petition The Creditor Defendants’ security interests in the Pledged Revenues are properly
The Creditor Defendants’ security interests in the Pledged Revenues are properly perfected under Pennsylvania law The Creditor Defendants hold...
Vaquería Las Martas’ Third Bankruptcy Dismissed Due to Continuous Financial Decline A bankruptcy filing can provide a debtor with powerful tools
Financial Decline A bankruptcy filing can provide a debtor with powerful tools to restore financial health.