October 10, 2024
When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.
5th Circuit, Texas, Texas Southern District
October 09, 2024
The Supremacy Clause allows bankruptcy courts to set aside erroneous decisions by state courts about the applicability of the automatic stay.
10th Circuit, New Mexico
October 01, 2024
Nondebtor releases are valid whether the creditor votes for or against the plan, as long as notice to opt out was clear and conspicuous.
3rd Circuit, Delaware
September 27, 2024
The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
2nd Circuit
September 26, 2024
Judge Dale Somers adopted a ‘liberal’ construction of Section 1107(b) to retain a professional person who had been an officer of the debtor.
10th Circuit, Kansas
September 25, 2024
A court can evaluate the credibility of an affidavit when deciding whether there’s a material issue of disputed fact to defeat summary judgment.
5th Circuit
September 24, 2024
The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.
3rd Circuit, New Jersey
September 18, 2024
The opinion by Circuit Judge Thomas Ambro reads Jevic as animating the solvent-debtor exception to the disallowance of unmatured interest.
3rd Circuit
September 16, 2024
Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.
3rd Circuit, Delaware
