April 25, 2025
Fifth Circuit: Repayment of Unsecured Term Loan Sometimes Must Be Accelerated in ‘13’
A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.
5th CircuitApril 22, 2025
Second Circuit Doesn’t Compel a Liquidating Trustee to Arbitrate with an Insurer
Following the Supreme Court’s Morgan v. Sundance, the appeals court interpreted an arbitration agreement like any other contract, with no policy favoring arbitration over litigation.
2nd CircuitApril 04, 2025
Fifth Circuit Says Lessors Are ‘Known’ Creditors Entitled to Actual Notice
Circuit court upholds Bankruptcy Judge Jernigan: Notice by publication doesn’t discharge claims from a lease that rode through chapter 11 or was assumed.
5th CircuitMarch 19, 2025
Arbitration in Bankruptcy Isn’t All or Nothing, Judge David Cleary Says
Chicago’s Judge David Cleary called for post-confirmation arbitration of claims between the debtor and a creditor, but no arbitration for the creditor’s defenses, raising questions of bankruptcy law.
7th Circuit, Illinois, Illinois Northern DistrictMarch 17, 2025
Sex Abuse Victims to Have a Private Conference with the Judge and the Catholic Bishop
Bankruptcy Judge Christopher Klein said it was ‘nonsense’ to argue that ‘a Bankruptcy Court lacks authority to permit survivor statements to be made to the Court and to the Bishop.’
9th Circuit, California, California Eastern DistrictMarch 07, 2025
Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed, Third Circuit Says
The Third Circuit upheld Bankruptcy Judge Goldblatt of Delaware where the answer was self-evident but there was no controlling authority.
3rd CircuitMarch 04, 2025
For an Individual Chapter 11 Debtor, the Usual Retention Rules Don’t Always Apply
When retention benefits the chapter 11 debtor individually but not the estate, Bankruptcy Judge Christopher Bradley believes that compensation is not subject to approval under Section 330.
5th Circuit, Texas, Texas Western DistrictMarch 03, 2025
Texaco’s 1988 Confirmation Didn’t Kill Environmental Suits Decades Later
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
2nd Circuit, New York, New York Southern DistrictFebruary 28, 2025
Purdue Doesn’t Preclude Injunctions from Protecting Nondebtors for the Life of a Plan
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.
2nd Circuit, New York, New York Southern DistrictFebruary 21, 2025
A District Court Decision Implies that Marshaling Is Impermissible in Bankruptcy
The circuits are split on whether a bankruptcy court can compel marshalling by the IRS.
5th Circuit, Texas, Texas Northern District