Bankruptcy Tweets for April 2011 - Part III

Below are my twitter posts since my last post on April 17 of recent cases that I think you'll find of interest.  RSS Feeds are also available:

  • BK NEB: dismissal of small business case not required simply bec 1st plan filed not confirmed within 45 days of filing.
  • BK-TX Houser J reviews 5th Cir principles of post-conf jurisdiction, incl. the case ag. pendant & ancillary jurisdiction.
  • BK-ND-IL-Squires, J. issues long opinion on indiv. ch 11 plan conf. reqts, incl. vitality of abs. pr. rule post-BAPCPA.
  • BK-IL Squires, J's detailed companion opinion on confirmation requirements for ch.11 indiv.'s ch. 11 debtor corporation.
  • Dist. DC: Under FRCP 502 "intentional-waiver" language, PBGC waived work-product privilege by giving rpt. to Pilots Assn.
  • BK-WI: "no discharge" ch 13 debtor per §1328(f)(1) can "strip-off" wholly unsecured junior lien on principal residence.
  • ND-CA dismisses United Com Bk ch 7 trustee's constr fraud tsf claims ag FDIC & sustains actual fraudulent intent claims.
  • DCT-PR: Ok to assume an unexpired lease per Ct. Order and then change position and reject lease at plan confirmation.
  • BK-D-CT: Liq Trustee's Funding Agr. w/ 3d party for > 80% of litigation proceeds isn't champterous or ag. public policy.
  • BK-ND-IL:No §105(a) inj. ag. condo assn from enforcing lien for fees that would have priority over Debtor's lien on prop.
  • 10th Cir:§363(m) bars sale invalidation, but appeal not moot if remedy (like constr. trust) doesnt affect sale validity.
  • BK-DE: Indenture Trustee not entitled to full & immediate payment on account of Make-Whole Premium out of sale proceeds.
  • ED-MI: 523 cplt untimely under FRBP 4007(c) bec stip between debtor & trustee extending bar date doesnt apply to all crs.
  • BK-MD-FL: Vendor of routine mgmt svcs a good faith tsfee & "far cry" from bank or law firm reg. dealing w/ insolv issues.
  • BK-ID: plan payments of above-median-income ch 13 debtor w/ no proj dispos income need not continue for set time period.
  • D.DC.: Truism 1-"No opponent is ever as dedicated or persistent a foe as one that feels aggrieved by its former lawyers."
  • D.DC.: Truism 2-"Effect of agr. to reimburse attys for litig. re their fees will be to incentivize litig. re their fees."
  • BK-SDNY: KEIP and KERP plans approved in Borders as nec. to retain non-insiders and to incentivize mgmt to achieve goals.
  • SDNY: Refco sec. pltfs survive dismissal on "in pari delicto" & "Wagoner" grounds--"pltfs adeq pled adv. int. exception."
  • SDNY: BK CT has "related to" jd to enjoin non-debtor litig. if bk estate has indemn. or contrib. oblig. to losing party.
  • BK-HI: Rt. to recover fraudulent tsf from > 4 yrs pre-BK filing depends on when last creditor shd have discovered fraud.
  • BK-TX: If indenture requires demand on guarantor & no demand made when invol. pet. filed ag. guar., debt is contingent.
  • WD-LA approves BK Ct's analysis & rejection of per se disqualif. of dbtr's counsel whose retainer/fees paid by creditor.
  • BK-CA: Licensee can't "lie in wait" but must litigate whether patents at issue were "Improvements" prior to confirmation.

Thanks for following!

© Steve Jakubowski 2011