Below are my twitter posts since my since my last post of May 8 of recent cases. Several cases were relevant to matters I’m presently working on, so I’m sure many of you will similarly find a number of these cases of interest. RSS Feeds are also available for those wanting instant gratification:
- D-NJ: Pending BK case is proper venue for all "related to" actions & Ct not bound by contrary forum selection clause. http://ow.ly/4UH9F
- BK-CD-IL: Travel time ok but time for routine motions slashed where attys were "over-preparing for a battle with no foe." http://ow.ly/4UI8w
- BK-SDNY reminder-DE parent owes fiduciary duty to insolvent subsidiary & creditors have standing to enforce such duties. http://ow.ly/4ULMr
- 7th: Easterbrook on "best efforts" clauses in negotiations – party need not sacrifice its own interests in the process. http://ow.ly/4UFwi
- 7th: Easterbrook on "good faith" negotiations: be honest & don’t opportunistically exploit the other side’s sunk costs. http://ow.ly/4UFwi
- BK-DE: Trustee need not plead transferors’ fraudulent intent with particularity; alleging "badges of fraud" sufficient. http://ow.ly/4UNZl
- BK-IL: Debt arising from an intentional breach of contract isn’t excepted from discharge under § 523(a)(6). http://ow.ly/4UO21
- BK-FL: Subst. consolidation of Perlman cases proper even if it destroys the trustee’s "wrong payor" avoidance actions. http://ow.ly/4UH1r
- BK-TX: Standards for fee enhancement to restructuring mgrs governed by 2006 Mirant case, not 2010 SCOTUS op. in Perdue. http://ow.ly/4UOf3
- BK-ND-CA: Oversecured creditor not entitled to default rate of interest where its claim is paid in full in a ch 11 plan. http://ow.ly/4UOhy
- BK-CD-CA: "Absolute priority rule" survives the BAPCPA amendments and remains applicable in individual Chapter 11 cases. http://ow.ly/4UOlq
- BK-TX: Post-conf trustee lacks standing over §550 claims if plan limits assets & actions to those "as of effective date." http://ow.ly/4UIsY
- D-AZ certifies appeal to 9th: Can confirmed plan enjoin actions against non-debtor guarantor if there’s no plan default? http://ow.ly/4UOq1
- BK-SDNY: Borders’ motion to sell "de minimis" assets lacks several requisite procedural safeguards required by the Code. http://ow.ly/4UHkZ
- BK-EDNY: Personal property lease can’t be reaffirmed, only assumed under Code Section 365(p). http://ow.ly/4V1hD
- BK-HI reviews 9th Cir. view that Rooker-Feldman doctrine "has even less vitality in bankruptcy than in district court." http://ow.ly/4V1kB
- BK-HI: "In pari delicto defense is inapplicable when a trustee brings an action under sections 544(b) and 548." http://ow.ly/4V1kB
- BK-HI:"2 year period [to bring §548 claim] is a substantive element of the trustee’s claim, not a statute of limitation." http://ow.ly/4V1kB
- BK-HI: Statute of limitations doesn’t bar UFTA action for fraudulent tsf older than 4 yrs but discoverable < 1 yr pre-BK. http://ow.ly/4V1kB
- BK-IN reviews 3 different ways Cts examine the "economic realities" of whether a lease is a disguised security interest. http://ow.ly/4V1xw
- BK-DEL: Claims under CERCLA, the New Jersey Spill Act, & the New Jersey Joint Tortfeasors Contribution Law are non-core. http://ow.ly/4Vagu
- BK-EDNY: Client settlement preferential but contingent fee not recoverable; firm took proceeds for value & in good faith. http://ow.ly/4VbvB
- BK-ARK: LLC Operating Agreement’s provision dissociating member that files BK unenforceable in contravention of BK Code. http://ow.ly/4VbAH
Thanks for following!
© Steve Jakubowski 2011