February 18, 2022

Someone Defending an Appeal Isn’t Required to Show ‘Standing,’ Fifth Circuit Says

To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.

5th Circuit

February 17, 2022

Ordinary Excuses Won’t Justify Plan-Filing Delays in Subchapter V

A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.

2nd Circuit, New York, New York Southern District

February 16, 2022

Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable

Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.

5th Circuit

February 09, 2022

Horizontal ‘Gifting’ Approved in Mallinckrodt’s Confirmed Chapter 11 Plan

Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.

3rd Circuit, Delaware

February 08, 2022

How the Ordinary Course Defense Works When the Supplier Doesn’t ‘Hound’ for Payment

The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’

2nd Circuit, New York, New York Eastern District

February 07, 2022

Supplier Socked for $3.5 Million in Preferences Although All Bills Were Paid on Time

Hounding a debtor for payment and shortening credit terms defeated an ‘ordinary course’ defense to a preference.

7th Circuit, Indiana, Indiana Southern District

February 04, 2022

Opinion Shows the Fault in Barring Barton Protection When a Case Is Closed

The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.

11th Circuit, Florida, Florida Southern District

January 26, 2022

Second J&J Talc Committee (Temporarily?) Disbanded

Decisions by the U.S. Trustee are subject to judicial review, Judge Kaplan says.

3rd Circuit, New Jersey

January 24, 2022

Second Circuit Expands Standing to Ensure Integrity of the Bankruptcy Court

The U.S. Trustee is not the better or the only party to uphold the integrity of the bankruptcy court, the Second Circuit holds.

2nd Circuit

January 21, 2022

On Title Loans, a Judge Decides Between Conflicting Eleventh Circuit Opinions

Can a state law properly decree when a debtor’s property drops out of the estate?

11th Circuit