Michael L Cook
September 25, 2024 | Law.com
Circuit Courts Split on Review of Bankruptcy Court's Denial of Motion to DismissAppellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
By Michael L. Cook
11 minute read
July 22, 2024 | Law.com
Appellate Courts Skeptical About Bankruptcy Court SanctionsRecent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.
By Michael L. Cook
12 minute read
March 25, 2024 | Law.com
Landmines In Bankruptcy Appellate Practice, Part IIIWhen courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
By Michael L. Cook
11 minute read
October 31, 2023 | Law.com
DIP Financing and Liens On Avoidance ActionsThe Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.
By Michael L. Cook
9 minute read
April 24, 2023 | Law.com
Innocent Business Partner's Fraud Liability Survives BankruptcyThe decision by the Supreme Court has practical significance for corporate officers and others in an agency or partnership relationship, and also may have serious consequences for corporate Chapter 11 debtors whenever a "domestic governmental unit" is a creditor.
By Michael L. Cook
8 minute read
December 28, 2021 | Law.com
Update On Bankruptcy Appellate Practice: Part One — Appellate StandingRecent cases show that appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect and finality, among other things. The following overview, in a series of installments, shows what the courts have been addressing during just the past three years. This first installment will cover appellate standing.
By Michael L. Cook
13 minute read
October 25, 2021 | Law.com
Second Circuit Applies Federal Bankruptcy Law, Not Securities Law, In Madoff SIPA LiquidationThe Second Circuit applied federal bankruptcy law when holding that good faith is an affirmative defense.
By Michael L. Cook
14 minute read
June 28, 2021 | Law.com
Update on Business Bankruptcy Legal Fees and ProfessionalismA review of recent cases shows that poor billing judgment and unreasonable billing have been with us for decades.
By Michael L. Cook
9 minute read
February 22, 2021 | Law.com
U.S. Supreme Court Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy StayA secured lender's "mere retention of property [after a pre-bankruptcy–repossession] does not violate" the automatic stay provision of the Bankruptcy Code, held a unanimous U.S. Supreme Court in City of Chicago v. Fulton.
By Michael L. Cook
8 minute read
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