September 12, 2023
The Ninth Circuit BAP affirms that a deferred settlement agreement can’t be assumed under Section 365.
9th Circuit
September 06, 2023
Contesting the election of a chapter 7 trustee isn’t like defending a fee application, which Baker Botts held to be noncompensable.
3rd Circuit, Delaware
September 01, 2023
Delaware’s Judge Craig Goldblatt makes a ‘common-sense judgment’ in deciding whether to allow a prepetition lawsuit to proceed in state court.
3rd Circuit, Delaware
August 29, 2023
The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.
11th Circuit
August 28, 2023
With four circuits in agreement, the Supreme Court isn’t likely to grant cert to rule on whether chapter 11 debtors are entitled to refunds for overpayment of U.S. Trustees fees that were held unconstitutional in Siegel.
9th Circuit
August 23, 2023
The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.
4th Circuit
August 18, 2023
Neither a contract nor state law requiring exhaustion of administrative remedies can divest the bankruptcy court of ‘core’ jurisdiction, even after plan confirmation.
D.C. Circuit
August 17, 2023
Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.
5th Circuit
