October 10, 2024
The ‘Insured vs. Insured’ Exclusion in a D&O Policy Doesn’t Apply to a DIP
When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.
5th Circuit, Texas, Texas Southern DistrictOctober 09, 2024
Rooker-Feldman Doesn’t Bar Review of an Erroneous Decision About the Automatic Stay
The Supremacy Clause allows bankruptcy courts to set aside erroneous decisions by state courts about the applicability of the automatic stay.
10th Circuit, New MexicoOctober 08, 2024
Bankruptcy Judge Hursh Denies Arbitration over a Trustee’s Usury Claim
Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.
9th Circuit, MontanaOctober 07, 2024
Third Circuit Has a Broad View of ‘Related To’ Jurisdiction After Plan Confirmation
A post-confirmation lawsuit to generate funds to pay a chapter 13 plan establishes ‘related to’ jurisdiction for noncore claims.
3rd CircuitOctober 04, 2024
Even if Ineligible for Chapter 13, Ninth Circuit Says the Debtor Can Still Dismiss
In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.
9th CircuitOctober 03, 2024
Third Circuit to Decide: May Magistrate Judges Issue Final Orders on Bankruptcy Appeals?
The Third Circuit will decide whether the broad language in the Federal Magistrate Act allows magistrate judges to issue final orders on bankruptcy appeals when the parties consent.
3rd CircuitOctober 02, 2024
A Vote for a Plan After the Deadline Won’t Be Counted, Judge Blise Says
Because ‘excusable neglect’ won’t allow a late vote to be counted, counsel must solicit votes on a plan before the voting deadline.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictOctober 01, 2024
Delaware Judge Sets the Standards for Nondebtor Releases Following Purdue
Nondebtor releases are valid whether the creditor votes for or against the plan, as long as notice to opt out was clear and conspicuous.
3rd Circuit, DelawareSeptember 30, 2024
The ‘Home Court’ Rule Does Not Apply in Chapter 15 Cases, District Judge Says
The Delaware district court affirmed Bankruptcy Judge Thomas Horan, who ruled that a creditor cannot sue a chapter 15 debtor in bankruptcy court on a prebankruptcy claim.
3rd Circuit, DelawareSeptember 27, 2024
Second Circuit Affirmance Shows How Proper Structuring Avoids Merit Management
The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
2nd Circuit