Equitable Power, or Court’s Discretion: Everyone Wants a Piece, Part II 1 By Christopher Conte “Bankruptcy courts are courts of equity.” 2 Anyone who has practiced in front of bankruptcy judges for any length of time has undoubtedly heard, …
The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is …
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Ninth Circuit: Section 1322(c)(2) Allows Bifurcation of Short-Term Loans Secured Against Debtors’ Primary Residences In Mission Hen LLC v. Lee, 2 the Ninth Circuit c…
Where, Oh Where, Are the Child-Support Creditors? By Hon. Elizabeth Gunn, Stuart Wilson-Patton and William R. Pursell 1 It is axiomatic that bankruptcy law in the U.S. is designed to provide a fresh start to individuals weighed down by unfa…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance …
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo 1 Constitutional Challenge to Chapter 13 Trustee Compensation Scheme Rejected The salaries of chapter 13 trustees are paid by the trustees’ collection of a percentage …
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Delaware Bankruptcy Court Authorizes “Opt-Out” Nondebtor Third-Party Releases Hon. Craig Goldblatt of the U.S. Bankruptcy Court for the District of Delaware recently…
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Reverse Alter-Ego Claims Are Property of Bankruptcy Estate and Can Be Sold/Settled by Trustee In In re Nordlicht , 1 the Second Circuit Court of Appeals held that clai…
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eight…
Post-Confirmation Jurisdiction in Chapter 13: Is Vesting an Issue? By Robert G. Drummond The filing of a chapter 13 petition creates a bankruptcy estate consisting of the legal and equitable interests of the debtor. 1 Property of the chapte…