June 06, 2025
Fifth Circuit Explains When There Is No Double Recovery from Avoiding a Lien
Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’
5th CircuitJune 05, 2025
There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders
When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit, DelawareJune 04, 2025
How to Liquidate a Secured Lender’s Collateral and Still Get Paid
To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’
9th CircuitJune 03, 2025
Like 18th Century England, There’s No Jury Trial Right for Stay Violations
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
9th Circuit, Washington, Washington Western DistrictJune 02, 2025
Chapter 13 Plan Modifications Can Reduce the Commitment Period and the Payments
A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.
6th Circuit, Michigan, Michigan Eastern DistrictMay 30, 2025
Four Circuits Align: Section 1322(c)(2) Permits Bifurcating a Short-Term Mortgage
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.
9th CircuitMay 29, 2025
Judge Furay Sides with the Minority on Stay Termination After a Repeat Filing
Courts are divided on whether automatic stay termination in Section 362(c)(3) applies to property of the debtor’s estate.
7th Circuit, Wisconsin, Wisconsin Western DistrictMay 28, 2025
Opting Out Is Consent for Nondebtor Chapter 11 Releases, New York Judge Says
Another bankruptcy court in New York holds that the ability to opt out of nondebtor releases represents consent after Purdue.
2nd Circuit, New York, New York Southern DistrictMay 27, 2025
Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution
Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.
11th Circuit, Florida, Florida Southern DistrictMay 23, 2025
After Purdue, Two Courts Still Permit Broad Nonconsensual Releases in ‘15’
Bankruptcy courts in New York and Delaware believe that Purdue did not change the law and that nondebtor releases and exculpations are still permissible in chapter 15 cases.
2nd Circuit, New York, New York Southern District