May 06, 2024
After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons
Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.
11th Circuit, Florida, Florida Southern DistrictMay 03, 2024
District Court Narrowly Reads a Nondebtor Release in a Sale-Approval Order
A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.
2nd Circuit, New York, New York Southern DistrictMay 02, 2024
District Court Orders Arbitration of All Noncore Claims, Reversing the Bankruptcy Court
Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.
2nd Circuit, New York, New York Southern DistrictMay 01, 2024
Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders
As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.
5th CircuitApril 30, 2024
Selling IP for a Stream of Unsecured Payments Is a Roadmap to Disaster, Third Circuit Says
A Third Circuit decision shows the breadth of unliquidated and contingent claims.
3rd CircuitApril 29, 2024
10th Circuit BAP Judges Survey the Appealability of Contempt Orders and Sanctions
The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.
10th CircuitApril 26, 2024
Can a U.S. Court Sell a Foreign Debtor’s U.S. Assets ‘Free and Clear’?
Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.
3rd Circuit, DelawareApril 25, 2024
New York Judge Rejects a ‘Lockup’ Long Before a Plan Is Negotiated
New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.
2nd Circuit, New York, New York Southern DistrictApril 24, 2024
Fourth Circuit Says Entireties Property Is Not Exempt from Tax Debt
The lack of perfection of a federal tax lien did not mean that the entireties interest was exempt under Section 522(b)(3).
4th CircuitApril 23, 2024
Another Court Holds that PACA Trusts Do Not Give Rise to Nondischargeable Debts
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.
1st Circuit, Massachusetts