A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case
Quick Take
In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.
Disgorgement Was the Remedy for Failure to Disclose a Post-Petition Retainer
Quick Take
Disclosing a post-petition retainer in a monthly operating report wasn’t a substitute for disclosure required by Rule 2016(b)(2).
Allowed Claim Can’t Be Used Offensively, Second Circuit Says
Quick Take
Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.