Tag Archives: bankruptcy procedures

Order in Aid of Sale of a Business: Can the Court Enjoin a Debtor from Competing with the Purchaser?

Butler v. Wojtkun (In re Wojtkun), 596 B.R. 74 (D. Mass. 2019) – To facilitate the sale of a debtor’s dental practice, a chapter 7 trustee sought issuance of a noncompetition injunction against the debtor. The bankruptcy court declined to issue … Continue reading

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Debt Recharacterization, Etc.: Standing, Standing and More Standing

Elswick Co., LLC v. Comm2013 CCRE12 Crossings Mall Road LLC (In re Tara Retail Group, LLC), 595 B.R. 215 (Bankr. N.D. W.Va. 2018) – An unsecured tenant creditor brought an adversary proceeding to recharacterize or equitably subordinate a $17 million claim … Continue reading

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Construction Subcontractor Claims: Is a Subcontractor Merely a Creditor of a Creditor Without Standing?

In re Alliance Consulting Group LLC, 588 B.R. 169 (Bankr. S.D. Miss. 2018) – A subcontractor sought to reopen a bankruptcy case so that it could assert an administrative expense claim for work it did on a chapter 11 debtor’s facility. … Continue reading

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Disclosing Assets: You Cannot Have Your Cake and Eat It Too

Fornesa v. Fifth Third Mtg. Co., 897 F.3d 624 (5th Cir. 2018) – A debtor and his son sued a bank for foreclosing on property that the debtor acquired from his son postpetition while the automatic stay was in effect. Litigation … Continue reading

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Automatic Stay Relief: Where Best to Untangle Joint Ownership Interests?

In re Guy, 587 B.R. 475 (Bankr. E.D.N.C. 2018) – A chapter 7 debtor and his sister jointly owned real property as tenants-in-common. The sister moved for relief from the automatic stay in order to commence a state court action for … Continue reading

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Exemption for Government Assistance: How Needy Is Needy?

Hanson v. Seaver (In re Hanson), 903 F.3d 793 (8th Cir. 2018) – A chapter 7 trustee objected to a debtor’s exemption claim for a state property tax refund. The bankruptcy court sustained the objection; the Bankruptcy Appellate Panel affirmed on … Continue reading

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Plan Enforcement: Beware of Advisory Opinions

In re Cubic Energy, Inc., 587 B.R. 849 (Bankr. D. Del. 2018) – Two nondebtor parties sought a bankruptcy court order interpreting and enforcing provisions in a confirmed plan of reorganization that addressed certain litigation and barred further claims. The court … Continue reading

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