Claims trading from the inside out: Ninth Circuit BAP holds that a non-insider claimant's vote on a plan is not discounted merely because the claimant purchased its claim from an insider *

USA - April 18 2013
In an unpublished decision in In re The Village at Lakeridge, LLC, BAP Nos. NV-12-1456 and NV-12-1474 (B.A.P. 9th Cir. Apr. 5, 2013), the United…

Canonized credit-bidding: the Supreme Court unanimously affirms secured creditor's right to credit-bid at free and clear sale in plan *

USA - June 8 2012
On May 29, 2012, the Supreme Court ruled 8-0 that a debtor could not confirm a plan over a secured creditor’s objection if the plan provided for the sale of the secured creditor’s collateral free and clear of liens, but did not provide the secured creditor with the option of credit-bidding at the sale.

A shock to the core: the Supreme Court pries jurisdiction away from the bankruptcy courts on counterclaims to proofs of claim, and possibly more *

USA - June 28 2011
On Thursday, the Supreme Court in a 5-4 decision ruled in Stern v. Marshall that the congressional grant of jurisdiction to bankruptcy courts to issue final judgments on counterclaims to proofs of claim was unconstitutional.

Co-authors: Geraldine Ann Freeman.