For the last seven years, Christopher Martin Ridgeway and his former employer have waged scorched-earth lawfare against one another. Ridgeway has lost every battle and incurred millions of dollars...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by...
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
Fifth Circuit affirmed ruling of district court (ND Tx), which affirmed ruling of bankruptcy court dismissing creditor's claims against non-debtor bank for failure to state a claim. Unsecured...
The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
AFFIRM the judgment as to the merits of Elbar’s claims denying all relief requested and REMAND for the district court to explain the exceptional circumstances or to order prejudgment interest....
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...