Bankruptcy Tweets for June 2011 - Part I

Below are my twitter posts since my last post of June 1 of recent cases that might be of interest to you. RSS Feeds are also available.

The infographic, titled The Resurgence of the American Automotive Industry, is from the White House Blog and was released to correspond with Pres. Obama’s visit to a JEEP manufacturing plant in Toledo.

  • Good analysis on Weil BK Blog of 5th Cir case-cited here on 5/6/11-re inability to assume incurably defaulted contract.

 

  • D-NJ: Withdrawal of reference & abstention from unliq. personal inj. claims is ok, but not of dischargeability adversary.

 

  • BK-ID: Court rejects use of "advance payment retainer" to cover postpetition attorneys' fees w/out complying w/§§330,331.

 

  • BK-SDNY: No post-conf. JD here bec (1) no "close nexus" to some aspect of plan & (2) plan doesn't retain JD over dispute.

 

  • BK-LA: Withdrawal of reference appropriate in fraudulent transfer case to which defendant is entitled to a jury trial.

 

  • BK-IL: Uncertainly re whether filing of Tax Deed Petition is required to protect or perfect rights in Illinois examined.
  • BK-NE: Mand. & perm. withdrawal of ref. req'd. in Bank Holding Co Trustee's suit ag FDIC re refunds under tax alloc. agr.
  • D-PA: BK Ct. rules state ct complaint ok against Trustee bec. Barton Doctrine is antiquated & not the rule in the 3d cir.
  • Fishman, et al revisit the "indubitable equivalent" std., saying some cts have used it inappropriately to confirm plans.
  • BK-SDNY :Ref. of 21 count "clawback" & aid/abet complaint ag. JPM withdrawn bec Trustee's standing at issue under fed law.
  • BK-IL: Internal work re whether law firm is disinterested under Code §327 provides no estate benefit & isn't compensable.
  • BK-WA: Financial advisor who joins group to buy out debtor is disqualified but entitled to fees through time of conflict.
  • BK-NJ: Ct reviews factors re whether there's cause under §303(e) for petitioning creditors to post a bond in an invol BK.
  • BK-SDNY: Ct permiss. abstains from postconfirm suit to apply CA anti-forfeiture law to lease held terminated prepetition.
  • BK-VA: Former dirs. dont satisfy reqts for deriv stdg in suit ag current dirs: no debtor consent or unreas refusal to sue.
  • BAP-8: 2 ways to contest arbitration agr. validity: challenge validity of arbitration clause or the contract as a whole. http://t.co/CcC5qIj
  • BK-OK: Fraudulent tsf. & constructive trust claims are core; §541 breach of fiduciary duty claims are only "related to". http://t.co/CcC5qIj
  • BK-SDNY: Committee objection to Borders' exclusivity extension denied bec. objection not supported with "any evidence." http://t.co/hJaFQYy
  • BK-OK: Fraudulent tsf. & constructive trust claims are core; §541 breach of fiduciary duty claims are only "related to". http://t.co/CcC5qIj
  • BK-SDNY: Committee objection to Borders' exclusivity extension denied bec. objection not supported with "any evidence." http://t.co/hJaFQYy
  • BK-IL: Actual & constr. fraudulent tsf. suit for worthless ins. premiums paid in Lancelot ponzi scheme survives Twiqbal. http://t.co/clmjaeW
  • D-IL: PACA claims disallowed when invoices don't disclose 30-day payment terms that differ from std.10-day PACA terms. http://t.co/SOZ3eF9
  • BK-MI: Expert's income approach to hotel valuation preferred over sales comps., but bank still not adequately protected. http://t.co/UbsDAgb
  • BK-TX: Reorg plan impairs by requiring dismissal of separate guaranty & precluding recovery of default interest rate. http://t.co/XJZbeoU

 

Thanks for following!

© Steve Jakubowski 2011