Below are my twitter posts since my last post of May 29 of recent cases that might be of interest to you. RSS Feeds are also available. 


This graphic, Facts About the Internet, is from the Infographics website:


  •  BK-SDNY: Time spent by Deloitte in preparing billing & fee apps unreasonable at 8% of total time billed; Ct. awards 4%.


  • BK-MD:Ct lacks "related-to" jd. if tort claimants seek recovery only from ins. proceeds & not from reorg debtor’s assets.


  • ND-TX:No action ag. 1 syndicate bank for failing to fund bec fin agr breached when other banks didnt get unanim. consent.


  • BK-OR:No summ jdgmt on whether "swing-load" arrangements in nat gas industry are ordinary comm. transactions & not swaps.


  • D-LA: TX Bk Ct has JD over state court DJ action re if O&G lease was terminated before being sold to buyer in 363 sale.


  • D-CA: Exculpation & reimb. language in post-confirm. liquidating trust doc inapplicable given trustee’s gross negligence.


  • BK-DE:Parent’s agent’s grant of security interest in sub’s assets is enforceable if it otherwise satisfies UCC Article 9.


  • BK-CT: Neither comfort order nor §363(b) provide basis for retaining environ. consultant in ord. course, but §1108 does.


  • BK-AL: Colonial Bk Plan violates "best interest" test by paying expenses of plan committee in addition to plan trustee’s.


  • BK-PA:Secured creditor’s plan not fair & equitable if proposed sale of debtor’s property post-confirm. won’t realize FMV.


  • 9th: Attorney’s sanctions upheld for filing notice of removal frivolously & in bad faith to delay state ct. proceedings.


  • D-LA:Payments on electricity requirements contract not preferential bec payments were settlements under forward contract.


  • BK-NJ:"Collapsing doctrine" inapplicable to avoid mortgage that cashed out founder where no pre-existing creditors exist.


  • BK-SDNY: §108 tolling provisions automatically apply in Ch. 15 cases under straightforward statutory reading of §103(a).


  • BK-NC: Well cited opinion analyzes issues of core/noncore, mandatory & permissive abstention, jury trial rts, eq. remand.


  • BK-SDNY:Fairfield Sentry (Madoff feeder) foreign liquidators allowed to bring foreign avoidance claims in Ch 15 BK cases.


  • SDNY reverses §524(g) injunction favoring Pfizer in Quigley BK, holding product liab. claims aren’t based on ownership.


Thanks for following!


© Steve Jakubowski 2011