December 08, 2016

‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

3rd Circuit, Delaware

November 21, 2016

Skeptical Delaware Judge Refuses to Confirm Reorg Plan

Cash outlays to junior creditors at confirmation sink chapter 11 plan.

3rd Circuit, Delaware

November 08, 2016

Ninth Circuit Now Requires Paying Default Interest to Cure a Default

Divided panel holds that Section 1123(d) overruled Entz-White.

9th Circuit

November 03, 2016

Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage

Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).

5th Circuit, Texas, Texas Southern District

October 21, 2016

Law Professors Disagree on How the Supreme Court Should Decide Jevic on Structured Dismissals

Is there flexibility to depart from bankruptcy priorities? Professors disagree.

Supreme Court

October 05, 2016

Sixth Circuit Split Decision Upholds Equitable Mootness in Chapter 9

Dissenter implores appeals court to sit en banc and reject equitable mootness.

6th Circuit

October 04, 2016

Supreme Court Flirts with Tackling Another Chapter 11 Issue

If an insider sells a claim, does the purchaser automatically acquire insider status?

Supreme Court

September 30, 2016

Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing

Passage of time converts a final order into an interlocutory order.

11th Circuit, Florida, Florida Southern District

September 23, 2016

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.

2nd Circuit, New York, New York Southern District

September 13, 2016

Municipality Rekindled Indemnification Obligations After Confirmation, Circuit Says

Ninth Circuit opinion is unremarkable but might be read incorrectly and disastrously.

9th Circuit