August 16, 2023
A Suit to Impose a Prepetition Policy Didn’t Violate the Automatic Stay, District Judge Says
Seeking attorneys’ fees from the debtor did not by itself make a postpetition lawsuit subject to the automatic stay.
5th Circuit, Louisiana, Louisiana Eastern DistrictAugust 15, 2023
Another Article III Judge Won’t Let Bankruptcy Stop Suits Against Nondebtors
The same day the Supreme Court decided to hear Purdue, a district judge on Long Island, N.Y., sent dozens of long-stayed sexual abuse cases back to state court where the debtor is not a named defendant.
2nd Circuit, New York, New York Eastern DistrictAugust 11, 2023
Unlike Yesterday’s Story, a Two-Nondebtor Lawsuit Didn’t Have ‘Related To’ Jurisdiction
Unlike the case we reported on yesterday, there was no ‘related to’ jurisdiction because the outcome of a suit between two nondebtors wouldn’t have a direct effect on the bankrupt estate.
2nd Circuit, New York, New York Southern DistrictAugust 10, 2023
A Suit Between Two Nondebtors Might Have ‘Related To’ Jurisdiction
There could be ‘related to’ jurisdiction if a lawsuit between nondebtors might reduce claims against the bankrupt estate.
2nd Circuit, New York, New York Southern DistrictAugust 09, 2023
Till Doesn’t Require Starting with the Prime Rate, Eighth Circuit Says
The Treasury rate and prime rate are both proper starting points for pegging post-petition interest rates, but starting with Treasurys requires a larger risk premium.
8th CircuitAugust 07, 2023
Default Rates Imposed Before Filing Must Be Cured to Assume a Loan Agreement
Monetary defaults, including default rates and fees, must be cured before a debtor may assume a loan agreement, New York’s Judge Bentley rules.
2nd Circuit, New York, New York Southern DistrictAugust 04, 2023
Fifth Circuit Approves Breakup Fees as ‘Admin’ Expenses or Costs of Sale
The Fifth Circuit avoided deciding whether approval of breakup fees is judged by the more lenient Section 363(b) or the more exacting standard for administrative expenses under Section 503(b).
5th CircuitAugust 03, 2023
J&J’s ‘Baby Powder’ Chapter 11 Case Dismissed a Second Time: No Financial Distress
Bound by the Third Circuit’s first LTL decision, the bankruptcy court found that LTL’s rejiggered second filing suffered from the same defect: no immediate financial distress.
3rd Circuit, New JerseyAugust 01, 2023
Government Asks the Supreme Court to Halt Consummation of Purdue’s Chapter 11 Plan
Rebuffed in the Second Circuit, the Solicitor General is asking the Supreme Court to stay issuance of the mandate that would allow Purdue Pharma to consummate its chapter 11 plan.
Supreme CourtJuly 31, 2023
Section 105(a) Doesn’t Give Rise to a Private Right of Action for Abuse of Process
With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.
9th Circuit, California, California Central District