Blog
News and updates from Thomas H. Curran Associates.
Bankruptcy Court in the Western District of Tennessee finds debtor lacked standing to object to creditor claim despite having nondischargeable debts
Bankruptcy Judge Jennie D. Latta of the United States Bankruptcy Court, Western District of Tennessee, Western Division recently held that...
Unusual circumstances permit selling property free and clear of judicial liens
Judge Robert E. Grossman of the United States Bankruptcy Court of the Eastern District of New York recently decided whether a chapter 7...
First Circuit does not allow a debtor to avoid the consequences of abusive conduct with dismissal do not apply to corporate debtors in Subchapter V cases
Judge Bruce M. Selya of the First Circuit examined the decisions of the Bankruptcy Appellate Panel (the “BAP”) and the United States...
Maryland Bankruptcy Court holds that the non-dischargeability provisions of Section 523(a) do not apply to corporate debtors in Subchapter V cases
The United States Bankruptcy Court for the District of Maryland became the first court to grapple with the issue of whether corporate...
Divide continues to grow on whether a Subchapter V debtor must be “currently” engaged in business
Bankruptcy Judge Edward L. Morris of Fort Worth, Texas is the latest judge to address whether the owner of a defunct business qualifies...
California bankruptcy judge holds COVID-19 Moratoria didn’t apply in Chapter 7 case
In a case of first impression, Judge Robert Kwan of the United States Bankruptcy Court for the Central District of California, Los Angeles...
Small-dollar avoidance exception not applicable according to ‘plain language’
In a preference suit within the Petland Discounts Inc. chapter 7 case pending in the Bankruptcy Court for the Eastern District of New...
Choice of law a crucial consideration in cross-border bankruptcy proceedings
In a recent jury trial, the United States District Court for the District of Connecticut faced a choice-of-law issue in a cross-border...
New York bankruptcy judge rules no adequate protection available to lender in Chapter 13 case prior to lender’s filed motion seeking adequate protection payments
In the Chapter 13 case of In re Sandra Velasco- Rodriguez aka Sandra M. Velasco Judge Alan S. Trust of the United States Bankruptcy Court...
Manger fired for ‘poor’ sales can pursue age bias claims
Link to full article below: Manager Fired for 'Poor' Sales Can Pursue Age Bias Claims
Eleventh Circuit issues major decision denying PPP eligibility to bankruptcy debtors
On December 22, 2020, in In re Gateway Radiology Consultants, P.A., _ F.3d _ (11th Cir. 2020) the Eleventh Circuit Court of Appeals...
Southern District of Florida affirms Bankruptcy Court’s denial of homestead exemption on inherited property. A Lesson on the consequence of flouting bankruptcy disclosure obligations.
In a clear and well-reasoned opinion issued earlier this year, District Judge Robert N. Scola, Jr. affirmed the Bankruptcy Court’s...
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