Can the Government keep tax foreclosure surplus?
Tyler vs Hennepin County, 22-166 (U.S.S.C., Oral Argument Held April 26, 2023) To resolve a split of circuits, the Supreme… Read More »
Bankruptcy Update 2023, Crypto Currency and Third-Party Releases
I’m looking forward to presenting at National Business Institute’s upcoming course, “Bankruptcy Rules and Updates 2023” on… Read More »
Bed Bath & Beyond Finally succumbs to Poor In-Store and On-Line Sales
Bed Bath & Beyond filed for Chapter 11 bankruptcy protection Saturday, after last-minute attempts to keep the company afloat failed. The… Read More »
Counterclaims Alleging Violations of MGL c. 176D and MGL c. 93A Deemed “Extra-Contractual” and Not Barred by Choice of Law Clause
The First Circuit reversed the judgment of the district court ruling that Insured’s claim of unfair claim settlement… Read More »
MGL 93A Claim not Precluded by Choice of Law (NY) Clause
The First Circuit reversed the judgment of the district court granting Defendant’s motion to dismiss this lawsuit alleging unfair and… Read More »
Another Court Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable
ABI, APRIL 20, 2023 Contrary to the Fourth Circuit, five bankruptcy courts have now held there’s no such thing as… Read More »
Supreme Court Holds 11 U.S.C. § 363(m) Isn’t Jurisdictional; It’s a Limitation on Appellate Relief
MOAC MALL HOLDINGS, LLC vs. TRANSFORM HOLDCO, LLC, (22-1270, Supreme. Ct. April 19, 2023) Reversing the Second Circuit, the… Read More »
NH Supreme Court Rules Pandemic Shutdowns Don’t Qualify for Municipal Tax Abatements
Clearview Realty Ventures, LLC v. City of Laconia; et al. New Hampshire Supreme Court Docket: 2022-0196 Opinion Date: April 18,… Read More »
The First Circuit upholds Arbitration Award in International Distribution Contract Dispute
The First circuit upholds arbitration award in international contract dispute. In Ribadeneira v New Balance Athletics, Inc. (U.S.C.A. No. 21-1831,… Read More »
SubChapter V Election under Bankruptcy Rule 1020(b) for Corporate Conglomerates….You Go First.
In re Free Speech Systems, LLC, 22-60043 (Bankr. S.D. Tex. March 31, 2023) Writing in a high-profile case, Bankruptcy Judge… Read More »
