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 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 25, 2024
Bankruptcy Judge Sean Lane says that Delaware corporate law can’t prevent committees from having derivative standing.
November 22, 2024
At least in New York, proceedings on a confession of judgment are neither a ‘claim’ nor a ‘cause of action’ and can’t be removed under 28 U.S.C. § 1452(a).
November 15, 2024
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
October 11, 2024
Conducting a valuation hearing on a cramdown plan isn’t always required.
August 21, 2024
Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.
August 14, 2024
Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.