July 25, 2022
FERC Strikes Out a Third Time in the Fifth Circuit on Rejecting Power Contracts
FERC tried the patience of the Fifth Circuit by arguing again that the agency can bar a chapter 11 debtor from rejecting a filed-rate contract.
5th CircuitJuly 22, 2022
The Right to Credit Bid Does Not Preclude Charging a Buyer’s Premium at Auction
When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.
5th Circuit, Texas, Texas Southern DistrictJuly 21, 2022
First and Ninth Circuits Split on Discharge of Takings Clause Claims
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
1st CircuitJuly 20, 2022
Assets Sold Free and Clear of a Multi-Employer Pension Plan’s Withdrawal Liability
The Seventh Circuit has yet to rule precisely on whether the bankruptcy court can sell assets free and clear of successor liability.
7th Circuit, Illinois, Illinois Southern DistrictJuly 15, 2022
Change in Decisional Law Requires Plan Amendment in One Year, Seventh Circuit Says
To take advantage of a change in decisional law, a plan must be modified within the time limits imposed by Federal Rule 60(c), the Seventh Circuit says.
7th CircuitJuly 12, 2022
Third Circuit Sets the Standard for Qualification of a Future Claimants’ Representative
A representative of future claimants must meet a higher standard than disinterestedness, the Third Circuit said, but technical conflicts may not be disqualifying.
3rd CircuitJuly 07, 2022
May a Judge Revoke a Small Business Designation under Subchapter V of Chapter 11?
Bankruptcy Judge Gunn found the power to revoke a small business designation and proceed under ‘traditional’ chapter11 in lieu of dismissing or converting to chapter 7.
D.C. CircuitJuly 01, 2022
Four Circuits Now Permit Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
2nd CircuitJune 29, 2022
Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations
Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.
2nd Circuit, New York, New York Southern DistrictJune 28, 2022
Supreme Court to Decide Whether Section 363(m) Is a Jurisdictional Bar to Appeal
The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.
Supreme Court