Below are my first 46 bankruptcy case tweets of September 2011 and 9 other tweets of general interest.  RSS Feeds are also available.  All my twitter posts are here (twitter) or here (blog).  

Twitter doesn’t seem very Google-friendly so it seems the only way to search for these tweets through Google is by posting them on my blog, which is why I’m now catching up on posting my tweets to the blog.

The chart from a post entitled Apple Has 4% Of The Phone Market, And 52% Of Its Profits is the "Money Game Chart of the Day" for 11/7/11.

Bankruptcy Cases and Topics

  • B-AK: Plan allowing sale of collateral free & clear strips creditor of collateral w/out comp. & can’t be crammed down.
  • D-LA: Per FRBP 8003(a), obtaining leave to appeal interloc order w/out filing sep. motion for leave is fatal to appeal.
  • B-PA: Though equities somewhat favor discharged indiv ch 7 debtor, a post-discharge reaffirmation agr is unenforceable.
  • SDNY: Guaranties to LBHI had enforceable jury waiver despite allegations that the guaranties were fraudulently induced.
  • B-NM reviews scope of §1123(a)(5) and ability to supercede reqts of applicable non-BK law to effectuate plan tsfs.
  • Credit Slips cites to 8/29/11 Bloomberg article: "Revolt Weakens Jones’ Control of Fifth Circuit Law [on] Bankruptcy."
  • B-NM acknowledges split of authority in holding that §106(a) abrogates the sovereign immunity of Indian Tribes.
  • B-TN reviews the doctrine of quasi-judicial immunity for BK trustees & their counsel as applied thru the circuits.
  • B-TX: Settlement agrs.-by definition-settle a debt owed prior to the satisfying transfer & are paid on antecedent debt.
  • D-FL: Permissive abstention motions and improper venue motions are interlocutory & not immediately appealable.
  • Can Creditors File A Derivative Action Against Limited Liability Company? by Scott Riddle
  • 10th BAP reviews split re Ch 7 ttee’s rts to $$ in Dbtr’s bank acct on filing date & requires funds turnover by Dbtr.
  • 10th BAP: §542(a) turnover req’t applies if one holds estate prop. at any time during case; current psn. not required.
  • D-IL: Ch 13 dbtr cant bring undisclosed action after BK case closed if it arose after BK filing & during admin of case.
  • D-TX: Fr. tsf. claims ag. nondebtor co-defendants stayed, but no other claims, which will be severed & will proceed.
  • B-FL rejects "absurd" USA arg. that separate, explicit waiver of sov. imm. per "applicable law" req’d of §544 actions.
  • B-AK: EDCanada entitled to fees for subst contrib per §503(b)(3)(D) in getting better terms under plan for unsecureds.
  • D-CA: When a court dismisses a complaint without prejudice & permits amendment to the complaint, it’s interlocutory.
  • BAP-8: Settlement w/largest creditor in Petters case affirmed on appeal on merits w/good summary of case law standards.
  • D-TX: Per §362(a), Dbtr cant pursue DJ noninfring ct-claims that are inextricably intertwined w/infring claims ag Dbtr.
  • B-IL examines 7th Cir authority re whether conversion of a security deposit is nondischargeable under § 523(a)(4).
  • B-IL: No equity in condos of SARE, but proposed plan has reas. prob. of success if mkt improves, so stay not lifted.
  • B-IL adopts 19% discount rate to tenant cash flows to determine value of Chicago-based SARE project of unsold condos.
  • B-NEB post-Stern vacates judgment on debtor’s action to collect on matured, undisputed acct. receivable under § 542(b).
  • B-NE post-Stern vacates order on alleged debt claimed by Debtor that Defendant called a capital contribution by Debtor.
  • B-PA: For non-consumer secured property, §506(a) valuation must be based on replacement value, as required by Rash.
  • D-TX reminds of J. Easterbrook’s analysis of applicability of stay on a DJ action of noninfringement brought by debtor.
  • D-IL wont w/draw ref. of fr. tsf action; Stern didn’t strip BK Ct of auth. to hear claims & propose facts/law to D-CT.
  • 7th: When LLC mgmt is vested in its members, the members are like a corp. directors & so are insiders per §101(31)(B).
  • B-TX: BakerBotts gets lodestar + 4% enhancement (not 20% requested) + $5M (not $8M) for preparing & defending fee apps.
  • B-TX provides detailed analysis in ASARCO of all factors of §330(a) plus a host of others in granting BakerBotts fees.
  • B-TX relies on SCOTUS 2010 Perdue decision to establish principles for fee enhancement & sets increase at 4%, not 20%.
  • B-TX: Lodestar + 10% enhancement appropriate for exceptional results of Asbestos Future Claims Rep & attys in ASARCO.
  • B-TX: Asbestos Comm. in ASARCO granted lodestar + 10% of alter ego litigation hours instead of overall 25% enhancement.
  • B-TX reviews many nuances of Liq Trust’s rights arising from dbtr’s joint-client rel. w/former parent in suit over LBO., but note that informs that this B-TX Crescent decision on turnover action reviewing nuances of liq trust priv& jt-client rts. is stayed pending appeal.
  • B-MT wont let Comm. atty sandbag dbtr by using FRE 408 to deny that preconf. deal deferring fees overrides plan terms.
  • B-TX agrees that dismissal of ch 11 warranted & won’t substantively consolidate dbtr w/affiliate to avoid dismissal.
  • B-TX addresses the "meaning of and developed law on substantive consolidation," incl. 5th Cir. admonitions.
  • B-NH reviews origin & history of "received by the dbtr" in §503(b)(9) & related concept of "possession" under the UCC.
  • B-NH reviews circuit split re whether §503(b)(9) admin claim is subject to disallowance under § 502(d) & says it’s not.
  • B-AK: "Dragnet" future advance clauses dont apply to agreements assigned to cover another’s previous unsecured advances.
  • B-AL: "Relatively low threshold of proof will satisfy § 1129(a)(11) so long as adeq. ev. supports a finding of feas."
  • B-SDNY: Attys to BK profs that are hired to prepare fee app dont need §327 approval, but Ct must approve fees as reas.
  • B-NC dismisses Ch. 11 case for cause bec of 1) obj futility of reorg & 2) petitioner’s subj bad faith in filing for BK.
  • B-NC: Bad faith filing based on "new-dbtr syndrome" (2 unrelated entities merge to stop F/C & force case elsewhere).

Topics of General Interest

  • Angry crowd turns on journalists reporting embassy attack in Egypt. "They were animals!" says CNN rptr. in middle.
  • Great article on the middle class squeeze & the new marketing reality of the "hi-end/low-end consumer hourglass."
  • When will this madness stop & Americans/NYers stop killing each other? High-School Basketball Star Slain on 9/11.
  • About 18,000 homicides each year since 2001 or about 50 per day. That’s the equivalent of 9/11 deaths once every 2 months! Our war at home.

 Thanks for reading!