September 03, 2025
Overcoming the ‘hypothetical test’ preventing license assumption under Section 365(c) doesn’t require consent to assumption if it permits assignment, two courts say in differing with the Fourth Circuit
Pennsylvania Western District
August 22, 2025
An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.
10th Circuit
August 11, 2025
The concurring opinion in Bestwall could be read to suggest that Circuit Judge G. Steven Agee might have an open mind if a confirmed plan comes to the Fourth Circuit on appeal.
4th Circuit
August 08, 2025
The Bestwall dissenter understands the Bankruptcy Clause as having the 18th century definition of ‘bankruptcy,’ thus requiring insolvency or inability to pay debts.
4th Circuit
August 07, 2025
Fourth Circuit majority and dissenting opinions might be read to suggest that Bestwall could have tough sledding on an appeal from confirmation since the debtor is solvent.
4th Circuit
August 04, 2025
The time to withdraw a lawsuit to bankruptcy court is governed by a general federal statute that doesn’t refer to bankruptcy, not the Bankruptcy Rule that specifically governs withdrawals to bankruptcy cases, a district judge says.
Texas Northern District
July 31, 2025
In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.
Kansas
July 28, 2025
The Fourth Circuit’s nonprecedential opinion means that chapter 15 doesn’t have the exclusive remedy for enjoining U.S. litigation in cross-border bankruptcies.
4th Circuit
July 02, 2025
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
9th Circuit
June 25, 2025
Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.
7th Circuit
