Judge Jacqueline P. Cox recently found that three Illinois attorneys violated their ethical obligations by failing to return their client’s phone calls. She thus ordered the attorneys to return half of their...more
After years of litigation involving state, federal, Irish, and (to a lesser extent) Swiss law; transfers of numerous assets, including Ireland’s priciest-personal residence; a jury trial; and extensive post-trial briefing,...more
Bankruptcy Judge James J. Tancredi appeared to give a chapter 7 debtor one last chance to avoid being incarcerated.
In adversary proceedings arising out of the bankruptcy of a thrice-convicted former stockbroker, In re...more
In a recent per curium opinion, the Fifth Circuit recommitted to its practice of dismissing claims against court-appointed fiduciaries when plaintiffs fail to obtain permission before bringing suit. The court rested its...more
The owners of an ambitious Hawaiian golf project in the Makaha Valley of Oahu said Aloha (hello) to new owners, and Aloha (goodbye) to old debt obligations...more
A Delaware bankruptcy court recently held that Texas’s “trust fund doctrine” remains applicable for companies that have not availed themselves of Texas’s formal dissolution process. Nonetheless, fiduciary claims by a...more
6/30/2022
/ Bankruptcy Court ,
Breach of Duty ,
Business Litigation ,
Chapter 7 ,
Debtors ,
Delaware ,
Fiduciary Duty ,
Texas ,
Trust Funds ,
Trustees ,
TX Supreme Court
“[E]nsnared between his involvement in a business that is legal under the laws of Arizona but illegal under federal law,” one debtor’s chapter 13 petition was recently dismissed due to his undisputed violations of the...more
“Messrs. Woods and Wu are fraudsters,” Judge Christopher S. Sontchi declared in the opening salvo of his scathing opinion. According to the former Chief Judge of the U.S. Bankruptcy Court for the District of Delaware, Woods...more
11/29/2021
/ Bankruptcy Court ,
CARES Act ,
Civil Contempt Orders ,
Coronavirus/COVID-19 ,
Debtors ,
Delaware ,
Evidence ,
Fraud ,
Paycheck Protection Program (PPP) ,
Preliminary Injunctions ,
Relief Measures
U.S. Bankruptcy Judge Craig A. Gargotta rejected a debtor’s attempt to use “CARES Act” funds, which it did not actually qualify for, to pay creditors in its chapter 11 case.
BR Healthcare Solutions (the “Debtor”)...more
10/20/2021
/ Bankruptcy Court ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chapter 11 ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Creditors ,
Debtors ,
Department of Health and Human Services (HHS) ,
Healthcare ,
Paycheck Protection Program (PPP) ,
Small Business
United States Bankruptcy Judge Harlin Hale recently dismissed the National Rifle Association’s Chapter 11 petition as not filed in good faith. The decision leaves the 150-year-old gun-rights organization susceptible to the...more