March 06, 2023
The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.
5th Circuit
March 02, 2023
Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.
5th Circuit, Texas, Texas Northern District
February 27, 2023
The Fourth Circuit wrote a scholarly (and dense) opinion differentiating among bankruptcy standing, bankruptcy appellate standing and constitutional standing.
4th Circuit
February 17, 2023
A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.
11th Circuit, Florida, Florida Middle District
February 15, 2023
When it comes to overbroad exculpations and nondebtor releases, a nonseverability clause in a chapter 11 plan won’t invoke equitable mootness to dismiss an appeal from confirmation.
5th Circuit, Texas, Texas Southern District
January 19, 2023
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.
11th Circuit
January 11, 2023
The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.
11th Circuit
