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March 10, 2025

New York’s Judge Philip Bentley interpreted Section 363(f)(5) to permit a sale free and clear whenever a creditor could conduct a foreclosure or a UCC sale.

March 05, 2025

New York’s Judge Philip Bentley and Prof. Robert Lawless urge Congress to adopt the ABI Commission’s recommendations for dealing with bad faith filings.

March 03, 2025

New York’s Bankruptcy Judge David Jones reopened Texaco’s 1988 bankruptcy to ensure that state courts wouldn’t mistakenly decide that environmental claims were discharged

February 28, 2025

New York’s Judge John Mastando saw no reason a Subchapter V plan couldn’t enjoin lawsuits against nondebtors for the life of a five-year plan.

February 20, 2025

The district court affirmed the holding by Bankruptcy Judge Martin Glenn that a foreign branch of a U.S. bank isn’t eligible for chapter 15.

February 04, 2025

When third parties sued a trust created by a confirmed chapter 11 plan, Judge Garrity declined to invent any new exceptions to the Barton doctrine.

December 19, 2024

Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.

December 16, 2024

Did the notion of ‘prudential standing’ in bankruptcy cases survive Truck Insurance?

December 03, 2024

The same district judge who correctly predicted that Purdue’s nonconsensual releases were prohibited has nonetheless upheld a preliminary injunction barring suits against nondebtors.

November 26, 2024

With an exception, cases after Purdue are pointing toward approval of nondebtor releases where creditors are only allowed to opt out.