December 11, 2024
Bankruptcy Courts Don’t Agree on What’s a ‘Consensual’ Nondebtor Release
Bankruptcy Judge Paul Baisier of Atlanta disagreed with Bankruptcy Judge Craig Goldblatt of Delaware about requiring creditors to vote before they are saddled with nondebtor releases in chapter 11 plans.
11th Circuit, Georgia, Georgia Northern DistrictAugust 15, 2024
Another Bankruptcy Judge Decided that Sub V Classes with No Votes Aren’t Accepting
Bankruptcy Judge Paul Bonapfel differed with two judges in Houston by holding that a nonaccepting class in Subchapter V means that a plan must be confirmed in cramdown.
11th Circuit, Georgia, Georgia Northern DistrictJanuary 11, 2024
For ‘Sub V’ Eligibility, Count the Debt of Affiliates Liquidating in Chapter 7
Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.
11th Circuit, Georgia, Georgia Northern DistrictNovember 10, 2023
Georgia Judge Approves a Chapter 11 Plan with Nonconsensual, Nondebtor Releases
Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.
11th Circuit, Georgia, Georgia Northern DistrictOctober 18, 2021
Lender Was Lucky to Recover Anything on an Unauthorized $5.2 Million Loan
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
11th Circuit, Georgia, Georgia Northern DistrictJanuary 08, 2021
Court Narrowly Construes Taggart to Find Contempt of the Discharge Injunction
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
11th Circuit, Georgia, Georgia Northern DistrictNovember 19, 2020
Why Must Unsecured Creditors Always Get the Dregs in Bankruptcy?
Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.
11th Circuit, Georgia, Georgia Northern DistrictNovember 13, 2020
An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V
To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’
11th Circuit, Georgia, Georgia Northern DistrictJune 02, 2020
Liquidating in Chapter 11 Won’t Stop an EEOC Suit for Employment Discrimination
Magistrate judge decided that the regulatory power exception to the automatic stay allows the EEOC to proceed, but he stayed the suit by the former employee seeking damages.
11th Circuit, Georgia, Georgia Northern DistrictApril 28, 2020
Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
11th Circuit, Georgia, Georgia Northern District