In a 5 page decision signed July 18, 2016, Judge Walrath of the Delaware Bankruptcy Court ruled on a Motion for Judgment on the pleadings that undelivered stock options, are not debt, but are instead equity. Judge Walrath’s opinion is available here (the ... Read full article
In a unanimous decision, the Supreme Court struck down the Ninth Circuit’s imposition of an equitable surcharge against a debtor’s exempt property in Law v. Siegel , No. ... Read full article
In a unanimous decision, the Supreme Court struck down the Ninth Circuit’s imposition of an equitable surcharge against a debtor’s exempt property in Law v. Siegel , No. ... Read full article
The Fifth Circuit has upheld a Texas bankruptcy court's order recharacterizing the ostensible debt of a non-insider as equity. Matter of Lothian Oil Incorporated , No. 10-50683 (5th Cir. 8/9/11). Unlike other circuits to consider the issue, the Fifth ... Read full article
A common misunderstanding when a person files for bankruptcy is that they lose all their belongings. This is not true. A person filing bankruptcy is entitled to keep their belongings that are necessary for everyday living. This can include furniture, ... Read full article
The Fifth Circuit has upheld a Texas bankruptcy court's order recharacterizing the ostensible debt of a non-insider as equity. Matter of Lothian Oil Incorporated , No. 10-50683 (5th Cir. 8/9/11). Unlike other circuits to consider the issue, the Fifth ... Read full article
We have been getting a number of calls about the American Home Mortgage, Inc. bankruptcy, and since I don’t enjoy giving people bad news, I crafted this post to inform you of the worst of it. On November 30, 2010, the bankruptcy Plan of American Home ... Read full article
