September 03, 2025
Pennsylvania District Court Disagrees with the Fourth Circuit on License Assignment
Overcoming the ‘hypothetical test’ preventing license assumption under Section 365(c) doesn’t require consent to assumption if it permits assignment, two courts say in differing with the Fourth Circuit
Pennsylvania Western DistrictSeptember 02, 2025
Third Circuit Dissenter Says that Bankruptcy Judges ‘Assist’ Article III Judges
The dissenter on rehearing believes there are narrow grounds for reopening a closed bankruptcy case.
3rd CircuitAugust 29, 2025
Third Circuit: Confirmation Order Was Res Judicata Between Third Parties
The majority on a Third Circuit panel decided that a confirmation order many years earlier prevented one nondebtor from suing another nondebtor on an issue that wouldn’t affect the debtor’s estate but did entail interpreting the confirmation order.
3rd CircuitAugust 28, 2025
On Panel Rehearing, Third Circuit Permits Reopening a 22-Year-Old Case
Reversing its prior decision after rehearing, the Third Circuit allowed a bankruptcy judge to interpret a confirmation decision made 12 years before by a district judge.
3rd CircuitAugust 27, 2025
Entire Tax Refund Was Exempt, Not Just the Pro Rata Child Tax Credit
The Tenth Circuit interprets a state exemption statute ‘liberally’ in favor of the debtor.
10th CircuitAugust 26, 2025
Second Circuit Extends the Section 546(e) Safe Harbor to Cover Foreign Law
Second Circuit dismisses the last of 300 lawsuits by foreign liquidators to recover $6 billion for defrauded Madoff investors.
2nd CircuitAugust 25, 2025
Another Judge Will Hold a Status Conference to Hear from Sex Abuse Survivors
Bankruptcy Judge Harner of Baltimore and Sacramento’s Bankruptcy Judge Klein have both authorized status conferences allowing abuse survivors to address the court and the church.
MarylandAugust 22, 2025
Proceedings for Contempt of a State Court Order Weren’t Stay Violations, BAP Says
An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.
10th CircuitAugust 21, 2025
A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case
In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.
New MexicoAugust 20, 2025
Disgorgement Was the Remedy for Failure to Disclose a Post-Petition Retainer
Disclosing a post-petition retainer in a monthly operating report wasn’t a substitute for disclosure required by Rule 2016(b)(2).
New York Southern District