March 14, 2023
Oversecured Creditor Granted ‘Default’ Interest on a Loan Purchased at Discount
District judge in Connecticut upheld an award of ‘default’ interest, even though the fully secured lender had opposed the chapter 11 process and resisted the use of its cash collateral.
2nd Circuit, ConnecticutMarch 13, 2023
It’s Not Easy for a Lender to Block an LLC from Filing Bankruptcy
A small business debtor must consent for a case to be converted to Subchapter V, Judge Robert Jones says.
5th Circuit, Texas, Texas Northern DistrictMarch 08, 2023
Seventh Circuit Upholds $9.5 Million in Sanctions for Violating a Plan Injunction
When there was a knowing violation of injunctions in the plan and confirmation order, the Seventh Circuit said that the appeal bordered on frivolous.
7th CircuitMarch 07, 2023
Revlon Says: Creditors Lack Standing to Assert Claims of ‘General Interest to the Estate’
A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.
2nd Circuit, New York, New York Southern DistrictMarch 06, 2023
Highland Capital Makes Law Again, This Time on Bankruptcy Appellate Standing
The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.
5th CircuitMarch 02, 2023
‘Gatekeeping’ in the Fifth Circuit May Be Broader than Exculpations
Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.
5th Circuit, Texas, Texas Northern DistrictMarch 01, 2023
First Circuit Writes a Treatise on the Elements of Judicial Estoppel
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
1st CircuitFebruary 27, 2023
Fourth Circuit Says an Insurer Has No Right to Negotiate an ‘Asbestos’ Plan
The Fourth Circuit wrote a scholarly (and dense) opinion differentiating among bankruptcy standing, bankruptcy appellate standing and constitutional standing.
4th CircuitFebruary 23, 2023
Debts for a Partner’s Fraud Are Still Nondischargeable, the Supreme Court Says
The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).
Supreme CourtFebruary 22, 2023
Eleventh Circuit Explains an Interlocutory Order Can Become ‘Final’ for an Appeal
Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.
11th Circuit