Purdue Pharma L.P. – The Amicus Curiae Briefs
By Uzzi O. Raanan On August 10, 2023, the United States Supreme Court granted a writ of certiorari in William K. Harrington, United States Trustee, Region 2 v. Purdue Pharma L.P., et al. Oral […]
USING OUT OF STATE CHOICE OF LAW TO AVOID CALIFORNIA USURY RULES? THINK AGAIN!
By: Eric P. Israel A recent case of interest held that California usury law “is [a] fundamental public policy of the state,” which can overcome the choice of law provisions in loan documents. G […]
In re Matter of GFS Industries, LLC
By: Uzzi O. Raanan Fifth Circuit Court of Appeals disagrees with the Ninth Circuit BAP as to whether corporate debtors can be sued for nondischargeability under 11 U.S.C. section 1192(2) in subchapter V cases, […]
In re Licup (Nondischargeability Under Section 523(a)(3)(A))
By: Uzzi O. Raanan In a published decision purporting to answer a question previously unresolved in this circuit, the Ninth Circuit Court of Appeals ruled that a debtor’s failure in an asset chapter 7 […]
What is a “bona fide dispute”?
Two provisions of the Bankruptcy Code turn on the existence of a “bona fide dispute.” An involuntary petition may not be filed by an alleged creditor against the alleged debtor if the creditor’s claim […]
Second Circuit Analyzes Concealment of a Debtor’s Beneficial Interest in Assets in the Name of Another Under Section 727(a)(2)(A): Gasson v. Premier Capital, LLC, 43 F.4th 37 (2d Cir. 2022)
By Shantal Malmed Brief Summary A creditor obtained judgment against the chapter 7 debtor for denial of the debtor’s discharge under 11 U.S.C. § 727. On the first appeal, the district court affirmed. On […]
Results May be a Relevant Factor to Awards of Bankruptcy Professional Compensation, Says Sixth Circuit in In re Village Apothecary, Inc.
By Uzzi O. Raanan When deciding what is “reasonable compensation” to award to bankruptcy professionals, including trustees and their counsel, can courts consider the ultimate “results obtained” by the professionals as one of the […]
Bankruptcy Appellate Decision Subordinates Judgment Liens Under Section 510(b)
By Eric P. Israel Recently, the Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) issued a ruling on an important issue. In Kurtin v. Ehrenberg (In re Elieff), 637 B.R. 612, 2022 WL 832417 […]
Subchapter V Debt Limit Likely to Sunset at the End March
The subchapter V debt limit is likely to revert to $2,725,625 on March 28, 2022. Hope remains that Congress will soon restore it to $7.5 million. By Aaron E. de Leest On March 28, […]