April 19, 2017

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

Supreme Court

April 13, 2017

Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan

Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.

11th Circuit, Georgia, Georgia Northern District

March 31, 2017

Equitable Mootness Doesn’t Deprive Appellate Court of Jurisdiction

Impossibility of upsetting a confirmed plan doesn’t result in constitutional mootness, only equitable mootness.

11th Circuit

March 27, 2017

Supreme Court Grants ‘Cert’ on Appellate Standards for Non-Statutory Insider Status

High court won’t decide whether a claim purchaser automatically takes seller’s insider status.

Supreme Court

March 21, 2017

Delaware District Judge Issues Important Opinion on Third-Party Releases

Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.

3rd Circuit, Delaware

March 17, 2017

Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments

Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.

7th Circuit, Illinois, Illinois Northern District

March 16, 2017

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

6th Circuit, Tennessee, Tennessee Middle District

February 28, 2017

Federal Judgment Rate Is Employed when Claims Are Paid in Full

Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).

11th Circuit, Georgia, Georgia Northern District

February 23, 2017

For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale

Constructive notice deprived a purchaser of ‘bona fide’ status.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 22, 2017

Odds Decline that Supreme Court Will Review Second Circuit Opinion in GM Bankruptcy

Claimants say GM misstep was a ‘black swan’ event not worthy of Supreme Court review.

Supreme Court