In a recent decision that highlights a key circuit split, Bankruptcy Judge Patricia M. Mayer of the Eastern District of Pennsylvania ruled that equitable powers under Section 105(a) of the Bankruptcy ...

Considers Radiance Capital Receivables Twelve LLC v. Campbell (In re Campbell) where the dischargeability of bankruptcy liens and contempt for violation were at issue.

While Chapter 11 does not require debtor insolvency, it does require good faith (applicable to the petition and the plan), which for solvent ...

“[T]he Constitution grants Article III judicial power over all cases arising under the laws of the United States," the appeals court held in its 2-1 decision. "The Bankruptcy Code is a law of the ...

In its decision, the court maintained that the equitable powers of bankruptcy courts were sufficiently broad to subordinate a claim (even a claim that arose under 502(h)) on equitable grounds under ...