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25 Aug 2011, 10:18 pm
Immun. shields FL DOR & VA DSS from claims for stay violations in trying to collect prepet. interest on DSO. t.co/Dr4uiyq D-TX: ERISA plan insurer states valid claim for constructive trust on collected premium not turned over & swept by BOA. t.co/h93XpFO D-KY cuts atty fees award to K&E for contract breach by 2/3; case not difficult and Ashland, KY local rates sufficient. t.co/2H8ej5R B-SDNY applies 2d Cir Enron op. [read post]
3 Sep 2012, 10:41 pm
The inset photo is of the US Courthouse for the Bankruptcy Court for the District of Arizona in Phoenix, where Judges James Marlar, George Nielsen, Redfield Baum, Sarah Sharer Curley, Charles Case II, Eileen Hollowell, and Randolph Haines preside. [read post]
11 Apr 2011, 8:08 pm
Cts. as the Next Battleground. http://bit.ly/hK6DSd BK-ND Tx: Disgorgement required under §504 for undisclosed comp. sharing with contract attys. [read post]
20 Aug 2011, 9:21 pm
Bankruptcy Cases and Topics 10th BAP bars review of order under "law of the case" doctrine bec. 3 narrow grounds for departing from rule are absent. http://t.co/7knf9h6 D-TX: Dbtr's deposit to secure performance obligs didnt create an express, resulting or constr. trust favoring creditor. http://t.co/Tqc5iIu D-MA: Fee-only Ch 13 plans designed mainly to pay the filing atty's fees over time per se violates the good faith reqt.… [read post]
14 Sep 2012, 9:48 am
The inset photo is of the Jacob Weinberger US Courthouse (story here), home to the Bankruptcy Court for the Southern District of California in San Diego, where Bankruptcy Judges Adler, Bowie, Mann, Meyers, and Taylor sit. [read post]
30 Aug 2012, 9:22 am
B-DC: PACA claims are trust, not secured claims, so no req't (as per §506b) that claim be oversecured to get atty fees. http://www.bankruptcylitigationblog.com/uploads/file/JK-BK-DC-TEEL-10-4-11.pdf … B-AL: Truck lease w/ "Terminal Rental Adjustment Clause" (TRAC) is "true lease" and not lease intended as security. http://www.bankruptcylitigationblog.com/uploads/file/HB-BK-ND-AL-CADDELL-9-29-11.pdf … … [read post]
4 Jul 2011, 7:28 pm
Opinion here: http://t.co/JXQqmSL Article here: http://t.co/1fnxAjm 2d: 1st impression-§546(e) protects as "settlement payments" issuer's payments to redeem commercial paper pre-maturity. http://t.co/aubIIcs Strong dissent on 2d Cir. op. extending the §546(e) exemption to all comm. paper redemptions pre-maturity using the customary DTC mechanism. http://t.co/aubIIcs 7th: Motion to deny bank right to credit-bid @ plan… [read post]
26 Jun 2011, 11:16 pm
Blog post-US Supreme Court Bankruptcy Watch: Readying for Stern v. [read post]
