August 23, 2017

‘Related To’ Jurisdiction Exists over Lien Dispute Between a Creditor and Its Lawyers

Delaying confirmation wasn’t grounds to abstain.

1st Circuit, Massachusetts

August 15, 2017

Existence of a Committee Precludes Tolling the Statute for Adverse Domination

The statute is tolled only if the creditors’ committee is denied standing to sue.

7th Circuit

August 14, 2017

Supreme Court Will Not Resolve Circuit Split on Recharacterization

A settlement prompts the high court to ditch a case deciding whether state or federal law governs recharacterization.

Supreme Court

August 09, 2017

‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’

Case shows why gift plans and structured dismissals demand a different analysis.

3rd Circuit, Delaware

August 08, 2017

Third Circuit Adopts High Standard for WARN Act Liability

Six circuits now require probability of layoffs as a condition to WARN Act liability.

3rd Circuit

August 02, 2017

Debtor’s Settlement Cannot Compromise a Creditor’s Claim Objection

‘Plain language’ of Section 502(b) prevents debtors from settling claim objections brought by creditors, Utah judge rules.

10th Circuit

August 01, 2017

An Allowance of Compensation Is Not a Money Judgment, Judge Teel Holds

Decision shows why fee awards are difficult to collect after dismissal.

D.C. Circuit, District of Columbia

July 27, 2017

Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination

Insiders were protected in making loans to a failing company.

7th Circuit, Illinois, Illinois Northern District

July 25, 2017

‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement

Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.

1st Circuit, Massachusetts

July 21, 2017

Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit

Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.

3rd Circuit