January 19, 2016

Expired Union Contract Can Be Rejected, Third Circuit Holds in Trump Chapter 11

Bankrupt employers get a boost from the Third Circuit for negotiations with labor unions.

January 15, 2016

No ‘Innocent Insider’ Exception to In Pari Delicto in New York, Judge Holds

New York becomes even more inhospitable to trustees facing in pari delicto defense.

2nd Circuit, New York, New York Southern District

January 14, 2016

Committee Counsel Fees at 56% Are Ok in Delaware

Lender's plea of poverty falls on deaf ears in a sick Delaware case.

3rd Circuit, Delaware

January 12, 2016

Assignee for Creditors Has No Power to File Bankruptcy, 11th Circuit Says

Powers of an assignee for creditors are restrictive, not expansive.

11th Circuit

January 11, 2016

Fifth Circuit Sticks by ‘Specificity’ Test for Third-Party Releases

Generic language won’t release third parties in the Fifth Circuit.

5th Circuit

Florida Judge Reads Eleventh Circuit Conservatively on Third-Party Releases

Plan insulating business owners flunks the test for third-party releases.

11th Circuit, Florida, Florida Middle District

January 08, 2016

District Judge Packs Off New GM to the First Ignition Switch Trial in Oklahoma

New GM and ignition switch plaintiffs play high-stakes poker in federal court.

2nd Circuit, New York, New York Southern District

January 06, 2016

Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c)

Specific intent to benefit the lender not required before surcharging collateral.

5th Circuit

January 05, 2016

Seventh Circuit Lays Down an Easy Standard for Enjoining Suits Against Third Parties

Posner singlehandedly turns Chicago into a more desirable forum for large chapter 11s.

7th Circuit

Coal Producer Walter Energy Authorized to Terminate Union Contracts and Benefits

Donald Trump represents hope for coal miners, but not for reasons you might think, judge says.

11th Circuit, Alabama, Alabama Northern District