June 27, 2025
Although there wasn’t ‘good cause’ to excuse late service of a summons and complaint, the bankruptcy court salvaged a large preference by exercising discretion and granting a 10-day expansion of the 90-day deadline.
2nd Circuit, New York, New York Southern District
June 25, 2025
Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.
7th Circuit
June 24, 2025
Ninth Circuit BAP confirmed a plan with no future creditors’ trust when the debtor claimed there were no future claims and no one was in court representing future claimants.
9th Circuit
June 23, 2025
Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.
3rd Circuit, Delaware
June 20, 2025
A chapter 11 debtor may be saddled with smaller WARN Act claims by imposing mass layoffs after filing.
5th Circuit, Mississippi
June 19, 2025
Delaware’s Bankruptcy Judge Goldblatt explains why the Supreme Court’s Truck Insurance opinion says nothing about Article III constitutional standing.
3rd Circuit, Delaware
June 17, 2025
Selling a debtor’s claims must be structured to avoid champerty under state law.
5th Circuit
June 16, 2025
A plan saying that it satisfies and settles claims does nothing more than discharge the claims. It doesn’t extinguish the claims, the Fifth Circuit says.
5th Circuit
