Business Reorganization

9th Circuit Dec 20, 2024

Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart

The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.

‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim

There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.

Depositors’ Troubles in Nonbank Cases

Depositors’ Troubles in Nonbank Cases By Jonathan Batiste Bankruptcy professionals traditionally consider the employees, executives, creditors and owners of debtors in corporate insolvency cases. 1 However, the Synapse Financial Technologies Inc. 2 bankruptcy highlights

Legislative Highlights December 2024

Legislative Highlights 119th Congress to Commence on January 3, 2025 The 119th Congress will commence on Jan. 3 at noon with both the Senate and House of Representatives under control of Republicans following the 2024 election. 1 On Nov. 13, Senate Republicans elected 2

Recapping the 118th Congress

Recapping the 118th Congress When the 118th Congress convened on Jan. 3, 2023, lawmakers were intent on examining the collapse of FTX bankruptcy and the cryptocurrency industry, many COVID-19 stimulus programs had sunset, and the political landscape saw Democrats

Sub V Trustee in Chapter 11 Can’t Be Enlisted to Pursue Avoidance Actions

District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
4th Circuit Maryland Oct 30, 2024

Barring Use of an Online Payment Platform Was an Automatic Stay Violation

Bankruptcy Judge Michelle Harner decided that a mortgage servicer must allow a chapter 13 debtor’s continued use of an online payment platform.
11th Circuit Nov 5, 2024

Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says

When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
9th Circuit Oct 29, 2024

Fully Secured, Nonrecourse Creditors Can Be Involuntary Petitioners, BAP Says

An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.