Idaho Bankruptcy Court recently ruled in In re CVAH Inc. that a trustee can “step into the shoes” of the IRS and utilize the transfer avoidance powers within both the FDCPA and the IRC.
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Liberating Debtors from "Sweatbox" and Getting Attorneys Paid: Bifurcating Chapter 7 Engagements
Chapter 7 attorneys’ fees are not an administrative expense, and attorneys fear that unpaid, pre-petition fees are subject to the automatic stay and discharge.
12:33Legal Tech Interview: Thomas Hamilton of ROSS Intelligence
Listen in as Robert Ambrogi discusses artificial intelligence and the impact on the legal and bankruptcy sectors with Thomas Hamilton, VP of Strategy and Operations at ROSS Intelligence.
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Be on the lookout for a survey from McKinley Advisors. Give us your opinion and win a prize!
IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged
Under 26 USC §7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge order.
Cramdown for Unsecured Creditors: Since When Does "Best Interests" Mean Less Interest?
A chapter 11 debtor cannot allow its equityholders to retain their interests while cramming down a class of unsecured creditors with payments that omit adjustments for risk.
GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case
Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.
Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling
"[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"
4:41Rochelle's Weekend Update
Find out why a 5th Circuit judge avoided ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily. Watch this week's video from ABI's B
In re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract
In conjunction with a § 363 sale, do not make any assumptions that certain contracts have been impliedly assumed, even if the buyer’s course of conduct might indicate that.
28:32How Artificial Intelligence and Technology Is Changing the Practice of Law
Prof. Lois Lupica discusses the potential ways that Artificial Intelligence will change the way that bankruptcy practitioners do business.
The Coming U.S. Farm Crisis
The agricultural sector is again struggling, and circumstances have begun to resemble those faced by farmers in the early 1980s.
Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
Foreclosure Tuesday in Georgia
All foreclosure sales in Georgia are held on the first Tuesday of each month. As foreclosure sales are final in Georgia, debtors are incentivized to file a chapter 13 to stop a foreclosure sale.
Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Reverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold
Venezuela insisted that the Crystallex judgment would never be paid so it engineered a “reverse fraudulent transfer” to take assets out of the U.S. and back to Venezuela to avoid creditor claims.
Supreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions