Category Archives: Uncategorized

Authority to File Bankruptcy: When Is a Veto Void as Against Public Policy?

Squire Court Partners L.P. v. Credit Enhanced Partners LP Series J (In re Squire Court Partners L.P.), 574 B.R. 701 (E.D. Ark. 2017) – A general partner filed a bankruptcy petition on behalf of a limited partnership without consent of … Continue reading

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Sovereign Immunity: Still Plenty of Room for Argument When You Try to Recover From the Government

Zazzali v. United States (In re DBSI, Inc.), 869 F.3d 1004 (9th Cir. 2017) – A chapter 11 trustee sought to recover a debtor’s prepetition tax payments to the federal government on the grounds that they were fraudulent transfers. The government … Continue reading

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Statutory Liens: May Not Necessarily Be Unassailable

Los Angeles County Treasurer v. Mainline Equipment, Inc. (In re Mainline Equipment, Inc.), 865 F.3d 1179 (9th Cir. 2017) – A Chapter 11 debtor sought to avoid a county’s prepetition personal property tax liens pursuant to section 545 of the Bankruptcy … Continue reading

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Discharge of Securities Law Violations: Nothing Is Ever Straightforward

Lunsford v. Process Technology Services, LLC (In re Lunsford), 848 F.3d 963 (11th Cir. 2017) – An investor obtained a state court judgment against the debtor relating to securities law violations. After the debtor filed bankruptcy, the investor sought a … Continue reading

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Structured Dismissal: Congress Does Not Hide Elephants in Mouseholes?

Czyzewski v. Jevic Holding Corp., 580 U.S. ____, 137 S.Ct. 973, __ L. Ed. 2d ___ (2017) – Settlement of LBO litigation led to a structured dismissal of a chapter 11 bankruptcy case that resulted in distributions to general unsecured creditors … Continue reading

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Plan Discharge and Injunction Provisions: Creditors Beware

In re Orleans Homebuilders, Inc., 561 B.R. 46 (Bankr. D. Del. 2016) – A reorganized debtor brought a motion in bankruptcy court to enforce a chapter 11 plan of reorganization injunction: It sought a court order directing a residential condominium … Continue reading

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IRS Lien Release: Does Release of A Lien Necessarily Mean That The Underlying Tax Liability Was Satisfied?

Lewis v. IRS (In re Lewis), 557 B.R. 233 (M.D. Ala. 2016) – A chapter 13 debtor objected to a proof of claim filed by the IRS on the grounds that a previously issued Certificate of Release of Federal Tax … Continue reading

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