August 14, 2024
Preserving Defensive Setoff Rights Doesn’t Require Filing a Claim, Judge Glenn Says
Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.
2nd Circuit, New York, New York Southern DistrictAugust 01, 2024
Ninth Circuit Employs Equity to Avoid Following the Supreme Court’s Taylor and Schwab
Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
9th CircuitJuly 25, 2024
Releases, a/k/a Exculpations, of Insiders Barred Under a Chapter 11 Plan
Bankruptcy Judges Wiles in New York decided that insiders were not entitled to releases under Section 503(c), but not for the reasons contained in Purdue.
3rd Circuit, New JerseyJuly 08, 2024
Courts Are Now Split on Ignoring Nonvoting Classes in Subchapter V Plans
Disagreeing with two bankruptcy courts in Houston, Miami’s Judge Isicoff holds that a Sub V plan with a nonvoting class can be confirmed only as a nonconsensual plan.
11th Circuit, Florida, Florida Southern DistrictJuly 05, 2024
A Claim Is Unliquidated if It Requires the Exercise of Judgment or Discretion
Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.
11th Circuit, Florida, Florida Middle DistrictJuly 02, 2024
Judicial Estoppel Barred the Debtor from Filing an Undisclosed ‘PI’ Claim, Circuit Says
Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.
8th CircuitJune 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 CourtJune 14, 2024
Supreme Says: No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees
Although there was no split of circuits, the Supreme Court decided that Congress provided a sufficient remedy by requiring uniform fees going forward.
Supreme CourtJune 07, 2024
Three Years Is the ‘Default’ Duration for a Subchapter V Plan, Judge Robinson Says
The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.
5th Circuit, Texas, Texas Western DistrictJune 07, 2024
Supreme Court Says that Insurance Neutrality Doesn’t Deprive an Insurer of Standing
Reversing the Fourth Circuit, the Supreme Court gives a flexible interpretation to traditional notions of constitutional standing in bankruptcy cases and appeals.
Supreme Court