April 10, 2025
Foreign Main Recognition in Chapter 15 Is Easy When No One Objects
Because all affected creditors were unanimous in support, Judge Michael Wiles didn’t agonize over whether the debtor actually had its center of main interests in the U.K.
2nd Circuit, New York, New York Southern DistrictApril 09, 2025
Texas Courts Are Split on Ignoring Nonvoting Classes in Confirming a Sub V Plan
A bankruptcy judge in San Antonio disagreed with two bankruptcy judges in Houston by holding that a nonvoting class is equivalent to rejecting a plan in Subchapter V of chapter 11.
5th Circuit, Texas, Texas Southern DistrictApril 08, 2025
Trustee May Not Liquidate Estate Property Solely to Benefit a DSO Creditor
Affirming Bankruptcy Judge Michael Romero, the district court holds that an exemption remains valid even though the exempt property remains subject to a nondischargeable domestic support obligation.
10th Circuit, ColoradoApril 07, 2025
Married Immediately Before Bankruptcy, the ‘Household’ Is Two, Not One
Wife who contributed nothing toward household expenses is still counted as part of the ‘household,’ Chicago’s Judge Slade says.
7th Circuit, Illinois, Illinois Northern DistrictApril 04, 2025
Fifth Circuit Says Lessors Are ‘Known’ Creditors Entitled to Actual Notice
Circuit court upholds Bankruptcy Judge Jernigan: Notice by publication doesn’t discharge claims from a lease that rode through chapter 11 or was assumed.
5th CircuitApril 03, 2025
Third J&J Filing Dismissed on Grounds Different from the First Two Dismissals
Houston’s Bankruptcy Judge Christopher Lopez decided that the newest plan by a Johnson & Johnson subsidiary didn’t qualify for nondebtor releases permissible in asbestos cases.
5th Circuit, Texas, Texas Southern DistrictApril 02, 2025
A Contempt Sanction Is Not a ‘Money Judgment’ and Doesn’t Require Writ of Execution
A contempt sanction upholds the integrity of the court and doesn’t invoke Rule 69(a).
2nd Circuit, New York, New York Southern DistrictApril 01, 2025
Priority Wage Claims Paid After Filing Are Counted Toward the Sub V Debt Cap
Wage claims and claims of critical vendors paid under ‘first day orders’ are counted toward the Subchapter V debt cap that’s rising on April 1 to about $3.4 million.
5th Circuit, Texas, Texas Southern DistrictMarch 31, 2025
Denver Judge Sides with the Circuits: Nondischargeability Infects Subchapter V
Bankruptcy judges continue to disagree on whether debts of corporations with cramdown plans in Subchapter V can have nondischargeable debts.
10th Circuit, ColoradoMarch 28, 2025
Estimated Tax Payments Made Before Filing Aren’t Fraudulent Transfers to the IRS
When estimated tax payments are ‘reasonable’ estimates of the year’s taxes, they aren’t fraudulent transfers, district judge says
5th Circuit, Texas, Texas Western District