Thanks in large part to inspiration from the Seventh Circuit’s Chief Judge Diane Wood, it has been my habit since 2003 to review bankruptcy cases decided anywhere in the US sent to me via daily WESTLAW alerts. By 2013, however, with bankruptcy blogs proliferating, my 4 kids in grade school, junior high, and college, respectively, and everyone’s attention span narrowing as time demands multiplied exponentially, I found myself increasingly drawn to Twitter. 

It’s on Twitter that I transitioned from blogging to tweeting, often citing daily to cases, figuring that restructuring professionals can figure out the significance of a case for themselves without me having to explain it to them in a blog post. And even if they can’t, it’s likely at least one person has already written about it.

The problem with Twitter, however, is that it’s hard to find my professionally relevant posts since several of my tweets are not restructuring related. As such, the only way to find these posts is to scroll down through my posted tweets, which at 7,500 and counting is virtually impossible.

So starting today, I’ll be aggregating my old (and current) Twitter feeds here, working backwards through time. It’s a pretty good refresher course too for those who have followed me for a while.

You’ll also easily be able to find cases or articles of relevance to you by doing a search on this blog site alone. Given that this blog’s been around for over 12 years and has lots of uploads and posts, all searchable through this site, you never know what you’ll find! And with historical twitter posts continually being added along with the new, even more hits relevant to your practice may appear in your searches.

Thanks for reading both here and on my Twitter feed!

APRIL 1-9, 2018

CASES:

  • IL AP 2d – plaintiff’s atty waited until less than 2 minutes before deadline to electronically file motion & was unable to upload it in time, & since deadline was jurisdictional, the trial ct lacked authority to consider the untimely motion to reconsider Peraino v County of Winnebago
  • 2d Cir: “It is axiomatic that judicial estoppel—an equitable doctrine—is to be construed in light of eq. principles. It seems equally evident…the balance of equities tips overwhelmingly in favor of debtor yet the D-CT found judicial estoppel. What went wrong? Judicial estoppel cannot extend to the ‘unusual case’ in which a debtor’s nondisclosure had at most a ‘de minimis effect’ on a prior bankruptcy proceeding.”Clark v AII Acquisition LLC
  • 5th Cir: In valuing, for cramdown purposes, collateral of creditor making 1111(b)(2) election, bankruptcy court had flexibility to select appropriate valuation date, while subtracting from collateral value the value of media-rights costs that would never be paid under reorg plan because they were waived, and since this would not benefit creditors it was in the nature of an impermissible surcharge. Matter of Houston Regional Sports Network LP
  • BK MD FL issues administrative order providing blanket confirmation that the automatic stay does not prohibit Florida Tax Collectors from selling tax certificates relating to property of a debtor in bankruptcy or a bankruptcy estate. In re Administrative Order Regarding Sale of Tax Certificates by Florida Tax Col
  • 11th Cir: Attorney violates Section 526(a)(4) if he instructs a client to pay his bankruptcy-related legal fees using a credit card. Cadwell v Kaufman Englett And Lynd PLLC
  • BK ND IL in Direct Media finds contempt for blatant violations of several cash collateral orders and permits damages measured by “reasonable attorneys’ fees on matters directly related to the actions in question.” In re Direct Media Power Inc
  • BK MD FL: A party may recover prevailing party fees for an improper invol. BK filing by post-trial motion, except-per Rule 7054-when substantive law requires the fees be proven at trial, thus post-trial fees not proven are disallowed. In re Kraz LLC
  • SDNY: Creditor that, per carve-out provision in amended plan, could opt into or out of the treatment that it would receive as result of decision to substantively consolidate Ch 11 estates of holding co wasn’t harmed by decision, so has no standing to appeal it. In re Republic Airways Holdings Inc
  • BK ND IL allows payment of attorney’s fees of assignee for benefit of creditors over objection of chapter 7 trustee. In re Stainless Sales Corporation

ARTICLES:

NEWS:

LIFE:

Copyright 2018, Steve Jakubowski