News Topic: Bankruptcy Blogs
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US Trustee Investigating Possible Scheme to Take Debtors’ Equity in Real Property in Multiple Cases; Lawyer Sanctioned
Terms of Confirmed Chapter 11 Plan Prohibit Malpractice Claim Against Debtor’s Counsel
Bankruptcy and Divorce (Vol. 73) – Agreements to Transfer Property
Section 523(a) Exceptions to Discharge Do Not Apply to Subchapter V Corporate Debtors
The Discharge Injunction – Violations and Damages
Meet Judge Robinson
Shad Robinson took the bench as the twelfth bankruptcy judge to serve in the Western District of Texas on February 21, 2023. Judge Robinson, by his own telling, took an unlikely path to law school and practicing bankruptcy law. He is fairly unique among ... Read full article
Supreme Court Strikes Blow for Deciding Cases and Explains What Is Jurisdictional and What Is Not
Author's Note: I started writing this post in April. My life has been a bit busy this year so I haven't blogged as much as in prior years. If you are already familiar with the holding of Moac Mall Holdings , you may want to skip to the end to ... Read full article
The Valuation Paradox
In the program Who Killed the Company? Tips and Trends in Claims and Defenses, Judge Marvin Isgur and his fellow panelists confronted issues such as in pari delicto, insurance coverage and waiver of fiduciary duties. However, one discussion led by Judge ... Read full article
NCBJ 2023: The View from Austin
The National Conference of Bankruptcy Judges came to Austin for its 2023 conference with the slogan Blues, Barbecue and Bankruptcy. Here are some images from the conference. ... Read full article
Rats! I need a new car and I’m stuck in Chapter 13
Do You Need to Finance a Car in Chapter 13? The last thing you want to do is get further into debt while you are in Chapter 13. (The goal of Chapter 13 is to get out of debt.) But sometimes you need to replace a broken down junker. So, you need ... Read full article
Creative Destruction in Small Business Bankruptcy
Two distantly related items caught my eye this morning, as both reinforce the need for "creative destruction" as a response to all-too-common small business failure. ... Read full article
Nondebtor Releases and the Future of Mass Torts
Certain members of the bankruptcy academy and bar seem to have their knickers in a twist over the Supreme Court’s grant of certiorari to review the nonconsensual nondebtor releases in Purdue. Conventional wisdom is that SCOTUS is going to find that ... Read full article
Unhappy Campers and Their Credit Cards
This story about the failure of a company that ships duffel bags to/from sleep-away camps has an interesting payment systems meets bankruptcy angle that got me particularly excited given that I'm teaching payment systems this fall: ... Read full article
Treasury in the Red... with Yellow
Freight company Yellow is on the verge of bankruptcy. It's not a company whose financial distress would normally stand out but for the fact that it received $700M in national security loans from the US Treasury in 2020, and, oh man, are taxpayers ... Read full article
Axos Bank--More Sketchiness?
The Washington Post has a big piece up about Axos Bank being the lender-of-last-resort for Donald Trump . But those us who work in the consumer finance space, know of Axos as a notorious bank partner in rent-a-bank arrangements . ... Read full article
Consumer Law Scholars Conference--Call for Abstracts
The Center for Consumer Law & Economic Justice at Berkeley Law has announced the call for abstracts for the 2024 Consumer Law Scholars Conference . Abstracts are due by September 8, 2023, for the conference scheduled for February 29-March 1, 2024. The ... Read full article
Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity
The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings. ... Read full article
The Puzzle of Diaspora Bonds: A Case Study of Israel's Program
Many countries have attempted to tap their diasporas by issuing bonds. This has particularly been the case in times of dire need (wars, pandemics, international sanctions, financial crises, and more). Ukraine is the most recent to have attempted to do ... Read full article
SEC Coinbase Suit
The SEC has finally brought its long-anticipated lawsuit against Coinbase. The suit alleges that Coinbase has operated as an unregistered securities broker, an unregistered securities exchange, and an unregistered securities clearing agency, and that it ... Read full article
