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ABI Journal

October 17, 2023

Supreme Court to Hear a Third Bankruptcy Case this Term: Standing Under § 1109(b)

Supreme Court to decide whether a creditor has standing to object to any provision in a chapter 11 plan, even provisions that don’t affect the creditor.

Supreme Court

October 10, 2023

Consent to a Sale for Less than the Mortgage Debt Doesn’t Waive a Deficiency Claim

A secured lender need not obtain a deficiency judgment to retain a claim against an insurer for a shortfall in a bankruptcy sale, Bankruptcy Judge Grossman says.

2nd Circuit, New York, New York Eastern District

October 05, 2023

The Standard for Enlarging the Time to File a Subchapter V Plan

Judge Jacobvitz of New Mexico follows Judge Harner of Maryland in developing a standard for deciding whether a Subchapter V debtor may extend the time for filing a plan.

10th Circuit, New Mexico

October 02, 2023

Bankruptcy Judge Hints: Third Circuit Precedent on Public Records May Be Too Broad

Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.

3rd Circuit, Delaware

September 28, 2023

An FTC Suit Under the Sherman and FTC Acts Wasn’t Subject to the Automatic Stay

The ‘police and regulatory’ exception to the automatic stay applies when the FTC is only seeking injunctive and equitable relief, the D.C. Circuit says.

D.C. Circuit, District of Columbia

September 27, 2023

A Settlement Term Sheet Signed After Mediation Was an Enforceable Contract

The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

September 26, 2023

Bankruptcy Judge Stong Penned a Compendium About Eligibility for Subchapter V

Another judge holds that dealing with debt from a defunct business satisfies the eligibility requirement for Subchapter V.

2nd Circuit, New York, New York Eastern District

September 22, 2023

Successorship Obligations Are Not Barred by Sales Free and Clear, Delaware D.J. Says

Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.

3rd Circuit, Delaware

September 21, 2023

Supreme Court Will Soon Grant or Deny ‘Cert’ to Rule on Refunds for UST Overpayments

The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.

3rd Circuit, Delaware

September 19, 2023

Fourth Circuit: Bankruptcy Courts Aren’t Bound by Article III’s Case or Controversy Requirements

The Fourth Circuit says that bankruptcy courts have broader jurisdiction than other federal courts and that some of their decisions are unreviewable by Article III courts.

4th Circuit