Too busy to blog, but still trying to tweet cases daily that I think you’ll find of interest (and perhaps even helpful to one of your current cases).  RSS Feeds are also available.  These are my tweets since my last blog post at the end of January:

  • 7th Cir supports claims traders and rejects idea that cure claims are disconnected from the underlying purchased claim.
  • ND Cal: 502(b)(6) 15% statutory cap based on rent due in 1st 15% of the remaining time not on aggregate rent still due.
  • Judge Gerber overrules all confirmation objections in a 35 page opinion confirming GM’s bankruptcy reorganization plan.
  • Judge Gerber modifies blanket exculpatory provisions of GM reorganization plan to conform with 2d Circuit precedent.
  • Judge Gerber notes appropriateness of provision to pay ad hoc committee professional fees in a reorganization plan.
  • BK EDNY rejects cramdown of condo project’s secured lender & thoroughly reviews law re approp. cramdown rate in ch 11.
  • Excellent/funny Rich Epling article analyzing Judge Markell’s decision (on appeal now) in the Las Vegas Monorail Case.
  • BK SDNY holds tort claims of future claimants not extinguished against successor purchaser in a bankruptcy 363 sale.
  • UT BK Chief Judge Thurman writes scholarly essay on "Jurisdiction and Rule-Based Time Limitations in Bankruptcy Cases."
  • DE BK Atty Ryan Murphy examines Rule 2019 amendments & potential impact on distressed debt investors & ch 11 generally.
  • 7th Cir denies DIP lender unpaid fees under interim DIP order based on its anticipatory breach of DIP loan agreement.
  • SD TX Judge Bohm denies post-confirm trust standing bec Plan lacked "specific and unequivocal" language preserving claim.
  • Wonder why Marilyn Monroe’s earliest photographs aren’t in print? They’ve been tied up in MD FL BK Ct. But not for long!
  • VT BK Ct reviews UCC § 1-203’s "Bright-Line" & "Facts and Circumstance" Tests in deciding if agreement is a true lease.
  • FT reports covenant-lite loans/refinancings are back to 2007 volumes, "though market may be cooling."
  • MA BK Judge Feeney examines concept–and nunc pro tunc effect–of a trustee’s abandonment of the debtor’s property.
  • A very good man, Jim Millstein, reflects on a career, his legendary dad, and his next career move.
  • Read 3 part series on Weil BK Blog examining recent cases analyzing the enforceability of make-whole provisions in BK.
  • WD Mich BK Ct examines "illusive concept" of good faith under Sections 548(c) & 550(b)(1) in lengthy op. with 260 fn.
  • 7th Cir-Posner-holds causation burden in D&O duty of loyalty case lies with defendant to prove its absence, not w/Pltf.
  • BK ND IL relies on John Francis’ 1998 article "The Elusive Definitions of NOI & OAR" (1998) in RE valuation case.
  • ND-OK reviews split of circuits re whether federal ct. has "related to" JD over claims assigned to litigation trustee.
  • Leif Clark reviews propriety of 3d party plan releases, related JD issues, & effect of silence to offending provisions.
  • BK-EDNY holds § 365(d)(2)-not § 365(d)(4)-applies to timing of assp. of integrated franchise ag. and real prop. lease.
  • BK ND Ohio Judge Woods says ability to pay off creditors outside of BK provides "cause" for dismissal of a BK case.

Thanks for following!

© Steve Jakubowski 2011