Articles: 1-10 of 31

Second Circuit Rejects Former Real Estate Mogul's Appeal

Ireland, USA - October 31 2023 After years of litigation involving state, federal, Irish, and (to a lesser extent) Swiss law; transfers of numerous assets, including Ireland’s…

Fourth Circuit Holds that Mootness Does Not Bar Bankruptcy Court Jurisdiction

USA - October 5 2023 Federal law assigns to U.S. district courts original jurisdiction over all cases under Title 11 (the Bankruptcy Code) and all civil proceedings…

An Update on the Ongoing Fight Over the United States Trustee’s Fees

USA - September 28 2023 The United States Trustee Program is responsible for the efficient administration of bankruptcy cases throughout most of the country. Since 1986, the…

Ex-Con Held in Civil Contempt but Escapes Incarceration (For Now)

USA - August 31 2023 Bankruptcy Judge James J. Tancredi appeared to give a chapter 7 debtor one last chance to avoid being incarcerated. In adversary proceedings arising…

Avoidance Actions Can Be Sold in Section 363 Sales

USA - August 29 2023 An appeals court ruled recently that chapter 5 avoidance actions are property of a debtor’s bankruptcy estate that can be sold in section 363 sales…

Tenth Circuit Holds that Sovereign Immunity Does Not Limit Section 544 Claim

USA - July 27 2023 Section 544(b)(1) of the Bankruptcy Code enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in…

The State of Student Loan Debt in Bankruptcy

USA - July 21 2023 On June 30, the Supreme Court ruled that the Biden administration did not have authority to forgive student loans under the Higher Education Relief…

Court Holds Plan Administrator Didn’t Have a Conflict in Bringing a Lawsuit Against Preferred Shareholders

USA - June 28 2023 Sometimes we blog about cases with unusual fact patterns. The cases don’t stand for any overriding legal principle. They might not have application…

Former Bang Energy Drink CEO Loses Bid to Control Social Media Accounts

USA - June 26 2023 When he was appointed by the Eleventh Circuit, U.S. Bankruptcy Judge Peter D. Russin probably did not expect to have to decide who has rights to the…

New Ruling on Remedy for Disparity in Bankruptcy Fees

USA - May 30 2023 We have blogged a few times about the Supreme Court’s decision in Siegel v. Fitzgerald and its implications. In Siegel, the Supreme Court invalidated…