August 10, 2021
Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.
8th Circuit
August 09, 2021
‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.
Supreme Court
August 06, 2021
Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.
5th Circuit
July 30, 2021
The $13,650 cap on priority claims for each employee under an ‘employee benefit plan’ applies to each benefit plan, not to all of an employer’s benefit plans added together, the Seventh Circuit says.
7th Circuit
July 27, 2021
Critical vendor status is a defense to a preference claim only when the defendant was specifically named in an order, stipulation or agreement requiring full payment of the creditor’s prepetition claim, Judge Dorsey says.
3rd Circuit, Delaware
July 23, 2021
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
1st Circuit, Puerto Rico
July 21, 2021
Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.
6th Circuit, Ohio, Ohio Southern District
July 16, 2021
Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.
6th Circuit
July 14, 2021
Officers are presumptively disqualified from KERPs, “absent a strong showing that they do not perform any significant role in management,” a district judge in New York says.
2nd Circuit, New York, New York Southern District
July 12, 2021
Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.
5th Circuit, Texas, Texas Southern District
