September 03, 2025
Overcoming the ‘hypothetical test’ preventing license assumption under Section 365(c) doesn’t require consent to assumption if it permits assignment, two courts say in differing with the Fourth Circuit
Pennsylvania Western District
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 28, 2025
Reversing its prior decision after rehearing, the Third Circuit allowed a bankruptcy judge to interpret a confirmation decision made 12 years before by a district judge.
3rd Circuit
August 25, 2025
Bankruptcy Judge Harner of Baltimore and Sacramento’s Bankruptcy Judge Klein have both authorized status conferences allowing abuse survivors to address the court and the church.
Maryland
August 22, 2025
An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.
10th 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 20, 2025
Disclosing a post-petition retainer in a monthly operating report wasn’t a substitute for disclosure required by Rule 2016(b)(2).
New York Southern District
August 19, 2025
Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.
2nd 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
