August 21, 2024
New York Court Holds that ‘Future’ Asbestos Claims Can Be Discharged Without a Trust
Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.
2nd Circuit, New York, New York Southern DistrictAugust 15, 2024
Another Bankruptcy Judge Decided that Sub V Classes with No Votes Aren’t Accepting
Bankruptcy Judge Paul Bonapfel differed with two judges in Houston by holding that a nonaccepting class in Subchapter V means that a plan must be confirmed in cramdown.
11th Circuit, Georgia, Georgia Northern DistrictAugust 14, 2024
Preserving Defensive Setoff Rights Doesn’t Require Filing a Claim, Judge Glenn Says
Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.
2nd Circuit, New York, New York Southern DistrictAugust 13, 2024
Denial of a Debtor’s Motion to Dismiss a Petition Isn’t Appealable, Second Circuit Says
In practical effect, the Second Circuit’s opinion means that a chapter 7 debtor may never appeal denial of a motion to dismiss a petition.
2nd CircuitAugust 12, 2024
Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.
Supreme CourtAugust 09, 2024
Nondischargeability Is a ‘Thing’ for Corporate Subchapter V Debtors, Judge Thorne Says
The tide is turning against corporate Sub V debtors. Two bankruptcy judges now side with two circuits in holding that debts of corporate debtors can be nondischargeable.
7th Circuit, Illinois, Illinois Northern DistrictAugust 08, 2024
Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)
Motions for fees must be made within 14 days of the entry of judgment.
1st CircuitAugust 07, 2024
Fifth Circuit Tells Us What Ritzen and Travelers Mean and Don’t Mean
To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’
5th CircuitAugust 02, 2024
Split Fourth Circuit Panel Bars Use of Equity to Correct an Oversight in Retention
The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).
4th CircuitJuly 31, 2024
Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure
Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.
3rd Circuit, New Jersey