May 23, 2016

Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract

Labor loses another appeal in the onslaught of energy bankruptcies.

11th Circuit, Alabama, Alabama Northern District

May 17, 2016

Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue

Showing violation of a federal statute might not itself entitle a consumer to sue.

Supreme Court

May 16, 2016

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest

Superpriority claim only ensures recovery of filing day interest and principal.

4th Circuit, North Carolina, North Carolina Eastern District

May 16, 2016

Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time

Courts split on whether failure to redeem on time is fatal in reorganization.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

May 06, 2016

Tender Offers in Bankruptcy Pass Muster in the Third Circuit

Third Circuit holds again that equal treatment is not required in settlements.

3rd Circuit

May 06, 2016

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.

5th Circuit

May 04, 2016

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit, Arkansas, Arkansas Eastern District

May 03, 2016

Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request

Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).

2nd Circuit, New York, New York Eastern District

April 20, 2016

Supreme Court Inadvertently Makes Life Difficult for Secured Creditors

Bullard gives bankruptcy judge more ammunition to stymie secured creditors.

9th Circuit, Arizona

April 19, 2016

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

5th Circuit, Texas, Texas Eastern District