Malcolm Bates

September 28, 2023 | The Legal Intelligencer

In In re Simply Essentials, the U.S. Court of Appeals for the Eighth Circuit (the Eighth Circuit) affirmed a bankruptcy court's ruling that avoidance actions constitute salable property of the debtor's bankruptcy estate.

By Lawrence J. Kotler and Malcolm Bates

6 minute read

November 10, 2022 | The Legal Intelligencer

In In re Norrenberns Foods, Case No. 21-30825, (Bankr. S.D. Ill. July 8, 2022), the U.S. Bankruptcy Court for the Southern District of Illinois had occasion to rule on a creditor's objection to the sale of a debtor's assets.

By Rudolph J. Di Massa Jr. and Malcolm Bates

9 minute read

December 23, 2021 | The Legal Intelligencer

The bankruptcy court found that because the debtor was already subject to a state court-specific performance order compelling it to take the ancillary steps necessary to close the sale, the contract was no longer executory and could not be rejected.

By Rudolph J. Di Massa Jr. and Malcolm Bates

8 minute read

March 29, 2021 | The Legal Intelligencer

The appellate court found that the plaintiffs' claims had not been "automatically" stayed pursuant to Section 362 of the Bankruptcy Code. As a result, the statute of limitations applicable to those claims had not been tolled.

By Rudolph J. Di Massa Jr. and Malcolm Bates

9 minute read

June 26, 2020 | The Legal Intelligencer

In In re Juarez, 603 B.R. 610 (9th Cir. BAP 2019), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit addressed a question of first impression in the circuit with respect to property that is exempt from creditor reach.

By Rudolph J. Di Massa Jr. and Malcolm Bates

8 minute read