August 13, 2025
The pricey litigation funding agreement had not been disclosed to creditors before confirmation.
Texas Northern District
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
July 24, 2025
A trustee could sue on behalf of a dissolved Delaware corporation.
April 03, 2025
Houston’s Bankruptcy Judge Christopher Lopez decided that the newest plan by a Johnson & Johnson subsidiary didn’t qualify for nondebtor releases permissible in asbestos cases.
5th Circuit, Texas, Texas Southern District
November 01, 2024
A district court in Florida upheld Bankruptcy Judge Peter Russin in holding that substantive consolidation does not require an adversary proceeding, a summons or a complaint.
11th Circuit, Florida, Florida Southern District
October 10, 2024
When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.
5th Circuit, Texas, Texas Southern District
September 26, 2024
Judge Dale Somers adopted a ‘liberal’ construction of Section 1107(b) to retain a professional person who had been an officer of the debtor.
10th Circuit, Kansas
