Holding $1.4 billion in escrow did not preclude invocation of equitable mootness, Third Circuit majority says.

The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).

After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.

Fourth Circuit says there’s nothing in the Bankruptcy Code requiring ‘anti-fraud’ provisions in a mass tort chapter 11 plan. The appeals court also holds that an ‘asbestos’ plan isn’t filed in bad faith when the plan gives an insurer no more rights than the insurer has under its policy.

Bankruptcy Judge Scott Grossman adopted the analysis by Bankruptcy Judge Brian Walsh in concluding that creditors are entitled to notice of the claims bar date, not just notice of the filing.

A Sub V case was not of a ‘size or exceptional nature’ to justify a post-petition retainer when counsel could file interim fee applications.

Following the Supreme Court’s Morgan v. Sundance, the appeals court interpreted an arbitration agreement like any other contract, with no policy favoring arbitration over litigation.

Section 107 more broadly protects trade secrets and confidential information than does common law.

Losses before filing or during prior aborted reorganizations do not control dismissal of a new reorganization for ‘continuing loss or diminution,’ First Circuit BAP says.

Foreign reorganizations with nondebtor releases are not ‘manifestly contrary’ to public policy after Purdue, according to Delaware’s Bankruptcy Judge Thomas Horan.