March 31, 2017

Equitable Mootness Doesn’t Deprive Appellate Court of Jurisdiction

Impossibility of upsetting a confirmed plan doesn’t result in constitutional mootness, only equitable mootness.

11th Circuit

March 29, 2017

Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals

Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.

9th Circuit

March 27, 2017

Supreme Court Grants ‘Cert’ on Appellate Standards for Non-Statutory Insider Status

High court won’t decide whether a claim purchaser automatically takes seller’s insider status.

Supreme Court

March 22, 2017

Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts

Pipeline companies strike out again in New York on Texas law question.

2nd Circuit, New York, New York Southern District

March 22, 2017

Supreme Court Reverses Jevic, Bars Structured Dismissals that Violate Priority Rules

Jevic opinion continues to permit first-day wage and critical vendor orders, although its effect on gift plans is debatable.

Supreme Court

March 21, 2017

Delaware District Judge Issues Important Opinion on Third-Party Releases

Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.

3rd Circuit, Delaware

March 20, 2017

Indenture Trustee’s Counsel Fees Are Measured by a Different Standard

Indenture trustee’s fees to defend fees are compensable despite Baker Botts.

3rd Circuit, Delaware

March 16, 2017

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

6th Circuit, Tennessee, Tennessee Middle District

March 10, 2017

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.

March 10, 2017

Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan

Bankruptcy court disregards district court opinion on redemption of pawned property.