April 12, 2016

Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion

Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.

9th Circuit

April 12, 2016

Bankruptcy Rules Deadlines Apply to Trials in District Court, Circuit Holds

Federal Rules are ousted for bankruptcy matters in district court, Eleventh Circuit says.

11th Circuit

April 08, 2016

Paid in Full but Impaired, Lender Entitled to Pendency Interest at Default Rate

9th Cir. BAP precludes using ‘equitable discretion’ to lower lender’s interest rate.

9th Circuit

April 05, 2016

Courts Split on Allowing Creditors to Sue on Claims Covered by D&O Policy

Insured vs. insured exclusion bars suit by creditors, but not by chapter 11 trustee.

6th Circuit, Michigan, Michigan Western District

April 04, 2016

Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan

Default interest rate given to unsecured creditors in full-payment chapter 11 plan.

7th Circuit, Illinois, Illinois Northern District

March 28, 2016

Second Circuit May Be Trimming Back Doctrine of Equitable Mootness

Another circuit joins the trend toward limiting the doctrine of equitable mootness.

2nd Circuit

March 15, 2016

Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors

No need for venue-shopping between Delaware and New York for undersecured creditors.

3rd Circuit, Delaware

March 10, 2016

Ruling on Texas Law, New York Judge Upsets Oil and Gas Pipelines

Protections for oil and gas pipelines undermined in Sabine Oil reorganization.

2nd Circuit, New York, New York Southern District

March 10, 2016

District Court Drubs Mine Workers by Allowing Sale of Coal Assets

Union needs a quickie appeal to the Eleventh Circuit to stop Walter Energy sale.

11th Circuit, Alabama, Alabama Northern District

March 08, 2016

Removing an Employee Benefit Plan Trustee Is Proper in District Court

Courts continue disregarding Section 704(a)(11) as grounds for jurisdiction.

1st Circuit, Puerto Rico