September 02, 2025
The dissenter on rehearing believes there are narrow grounds for reopening a closed bankruptcy case.
3rd Circuit
August 29, 2025
The majority on a Third Circuit panel decided that a confirmation order many years earlier prevented one nondebtor from suing another nondebtor on an issue that wouldn’t affect the debtor’s estate but did entail interpreting the confirmation order.
3rd Circuit
August 21, 2025
In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.
New Mexico
August 18, 2025
The opinion reads like an invitation for the Eleventh Circuit to sit en banc and reconsider circuit authority holding that a claims-processing deadline is not subject to equitable tolling.
11th Circuit
August 14, 2025
Not much caselaw on the bankruptcy court’s jurisdiction over breach of a contract made during a chapter 11 case when the breach occurred after confirmation.
Delaware
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
August 06, 2025
District judge was reluctant to have the bankruptcy court decide whether a suit removed to federal court should be remanded to the state trial court.
Connecticut
