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22 Jun 2012, 12:51 pm
 See In re Lumbar, 457 B.R. 748 (8th Cir.BAP 2011). [read post]
22 Jun 2012, 12:50 pm
  In In re Burrik, 459 B.R. 881 (W.D.Pa.Bkrpt. 2011),  a business owner who wasn't keeping good records filed for bankruptcy. [read post]
5 Jun 2012, 5:42 pm
The code itself doesn't do a good job of defining when an operating agreement is an "executory contract", but in In re Ehmann, 319 B.R. 200 (D.Ariz. [read post]
5 Jun 2012, 5:41 pm
Quoting In re Congrove, No. 04-8049, 2005 WL 2089856, at*3, 330 B.R. 880 (B.A.P. 6th Cir. 2005). [read post]
14 May 2012, 8:24 am by Schachtman
Sometimes legal counsel take positions in court determined solely by the expediency of what expert witnesses are available, and what opinions are held by those witnesses. [read post]
8 May 2012, 5:15 pm
  The Bankruptcy Court ruled against Morgan, In re Grumman Olson Industries, 445 B.R. 243 (Bankr.S.D.N.Y. 2011), holding that successor liability could attach because it was based on the post-sale conduct of Morgan in continuing the line of business. [read post]
8 May 2012, 5:15 pm
  See also In re Kara Homes, 363 B.R. 399 (Bankr. [read post]
2 May 2012, 1:35 pm by Thompson & Knight LLP
  A professional seeking to have its engagement approved by a court must disclose all connections, regardless of the whether they are sufficient to rise to the level of a disqualifying interest, citing In re Leslie Fay, 175 B.R. 525, 533 (Bankr. [read post]
30 Apr 2012, 3:00 am by Peter A. Mahler
A lawsuit between the owners of an upper east side Manhattan "gentlemen's club" called Sapphire, involving charges of self-dealing and financial abuse by the managing partner, led to an interesting but not surprising decision earlier this month, holding that a member of LLC #1 which, in turn, is a member of LLC #2, lacks standing to seek judicial dissolution of LLC #2. [read post]
30 Apr 2012, 3:00 am by Peter A. Mahler
A lawsuit between the owners of an upper east side Manhattan "gentlemen's club" called Sapphire, involving charges of self-dealing and financial abuse by the managing partner, led to an interesting but not surprising decision earlier this month, holding that a member of LLC #1 which, in turn, is a member of LLC #2, lacks standing to seek judicial dissolution of LLC #2. [read post]
22 Apr 2012, 12:30 pm by admin
Welsch, 457 B.R. 748 (B.A.P. 8th Circuit, 2011), (In re: Mary Lumbar, Case No: 11-6018), the bankruptcy appellate panel for the Eighth Circuit Court of Appeals rejected the “no harm, no foul” rule and held that the debtor ex-wife might have fraudulently transferred property to her parents, even though the property would have been exempt under state law. [read post]