June 28, 2024

Supreme Court Reverses Purdue: No Nondebtor, Third-Party, Nonconsensual Releases

Justice Gorsuch for the majority bans third-party releases broader than a discharge for those who don’t surrender all their assets to the court.

Supreme Court

June 12, 2024

A Chapter 7 Case Raises Issues in Truck Insurance on Standing in Bankruptcy Cases

Judge Mastando in New York decided that a chapter 7 trustee has authority to put the debtor’s subsidiary voluntarily into bankruptcy.

2nd Circuit, New York, New York Southern District

June 06, 2024

Sub V Trustee Lacks Standing to Pursue an Adversary Proceeding for the Debtor

Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.

5th Circuit, Texas, Texas Southern District

May 31, 2024

Amending a Claim After Confirmation Requires ‘Compelling Circumstances’

The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.

5th Circuit

May 21, 2024

Receivership Didn’t Prevent an LLC’s Manager from Filing Bankruptcy for the LLC

Judge Randal Mashburn described what a state court must do in appointing a receiver that would prevent an LLC’s manager from filing a bankruptcy petition.

6th Circuit, Tennessee, Tennessee Middle District

May 08, 2024

MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court

On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.

2nd Circuit, New York, New York Southern District

May 06, 2024

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

11th Circuit, Florida, Florida Southern District

May 03, 2024

District Court Narrowly Reads a Nondebtor Release in a Sale-Approval Order

A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.

2nd Circuit, New York, New York Southern District

May 01, 2024

Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.

5th Circuit

April 29, 2024

10th Circuit BAP Judges Survey the Appealability of Contempt Orders and Sanctions

The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.

10th Circuit