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ABI Journal

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 District

August 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 District

August 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 District

August 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 District

August 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 Circuit

August 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 District

August 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 Circuit

August 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 Jersey

August 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 Court

July 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