March 07, 2025
Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed, Third Circuit Says
The Third Circuit upheld Bankruptcy Judge Goldblatt of Delaware where the answer was self-evident but there was no controlling authority.
3rd CircuitFebruary 19, 2025
The ‘Probate Exception’ to Federal Subject Matter Jurisdiction Is Narrow
The ‘probate exception’ to federal subject matter jurisdiction does not prevent bankruptcy courts from basing decisions on state trusts and estates law, except in limited circumstances.
6th CircuitFebruary 13, 2025
Judge Christopher Klein Writes ‘Cliffs Notes’ on Transferring Venue of Related Cases
In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.
9th Circuit, California, California Eastern DistrictFebruary 11, 2025
In Lender-on-Lender Violence, an ‘Uptier’ Financing Bites the Dust, this Time in Houston
Fancy drafting by ‘brilliant financiers and lawyers,’ the judge said, didn’t validate an uptier transaction when the ‘effect’ was to release collateral without a two-thirds vote.
5th Circuit, Texas, Texas Southern DistrictFebruary 06, 2025
No Second Restructuring of the Same Debt in a Different Venue
Delaware judge wouldn’t allow a chapter 11 debtor to restructure the same secured debt a second time in a different venue.
3rd Circuit, DelawareFebruary 04, 2025
Barton Halted Third Parties from Suing in an Allegedly Better Forum
When third parties sued a trust created by a confirmed chapter 11 plan, Judge Garrity declined to invent any new exceptions to the Barton doctrine.
2nd Circuit, New York, New York Southern DistrictJanuary 16, 2025
Fifth Circuit Arguably Expands the Barton Doctrine’s Ultra Vires Exception
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
5th CircuitJanuary 14, 2025
Fifth Circuit Holds that Equitable Mootness Doesn’t Protect Parties to the Appeal
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
5th CircuitJanuary 13, 2025
Fifth Circuit Bans Uptier Financings for Violating the Principle of Ratable Treatment
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
5th CircuitDecember 19, 2024
Sears Landlord Wins Big Supreme Court Appeal But Has Nothing to Show for the Effort
Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.
2nd Circuit, New York