The Ninth Circuit Bankruptcy Appellate Panel held that the Social Security Administration’s withholding of post-petition benefits to satisfy the debtor’s prepetition obligation to repay overpayments qualifies as recoupment...more
4/3/2024
/ Bankruptcy Appellate Panel (BAP) ,
Chapter 7 ,
Debtors ,
Injunctions ,
Pensions ,
Recoupment ,
Social Security Act ,
Social Security Administration (SSA) ,
SSDI ,
Workers’ Compensation ,
Workplace Injury
The Ninth Circuit became the first circuit-level court to address the correct rate of interest for unimpaired, unsecured creditors of a solvent chapter 11 debtor.
The Ninth Circuit held that the common law “solvent debtor...more
Citing duty to obey the board’s lawful instructions, the Seventh Circuit rejects breach of fiduciary duty claims under Indiana law against bankrupt bank holding company’s former officers.
Corporate officers of a distressed...more
9/21/2018
/ Board of Directors ,
Breach of Duty ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Officers ,
Disclosure Requirements ,
Fiduciary Duty ,
Financial Institutions ,
Reporting Requirements ,
Subsidiaries ,
Written Agreements