March 02, 2016

Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent

Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.

7th Circuit, Illinois, Illinois Northern District

February 19, 2016

No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds

Delaware is now on par with New York in disallowing make-whole premiums.

3rd Circuit, Delaware

February 18, 2016

Justice Scalia and Bankruptcy: ‘Originalism’ Can Sometimes Uphold ‘Stupid Laws’

Scalia consistently employed a judicial philosophy calling for courts to interpret statutes based on their common meaning.

Supreme Court

February 11, 2016

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit

February 04, 2016

Successor Liability Overrides Sale Free and Clear on Labor Law Claim

363 sale provides no protection from a union’s claim for successor liability.

9th Circuit, Washington, Washington Western District

February 04, 2016

Subjective Bad Faith Alone Is Sufficient to Warrant Dismissal

District judge reads the tea leaves on Second Circuit standard for dismissal.

2nd Circuit, Connecticut

February 03, 2016

Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees

Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.

3rd Circuit, Delaware

January 29, 2016

Sixth Circuit Nixes the Notion of Artificial Impairment for Plan Confirmation

Sixth and Fifth Circuits arguably disagree on what constitutes artificial impairment to confirm a chapter 11 plan.

6th Circuit

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