September 13, 2019

‘Close Nexus’ Test Doesn’t Apply to Liquidating Trusts After Confirmation

‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.

10th Circuit

September 11, 2019

Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says

Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.

9th Circuit

September 09, 2019

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.

9th Circuit

September 05, 2019

Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)

Policy informs the result when the statutory language is ambiguous.

5th Circuit

September 04, 2019

Another Judge Clamps Down on Third-Party Releases in a Major Reorganization

Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.

6th Circuit, Ohio, Ohio Northern District

September 03, 2019

Section 363 Doesn’t Apply to Asset Sales in a Chapter 11 Plan, Judge Garrity Rules

Section 363(o) claims nonetheless must be counted in deciding whether a chapter 11 plan passes the best interests test.

August 29, 2019

‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says

Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.

5th Circuit

August 28, 2019

Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive

Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.

5th Circuit

August 27, 2019

Location of Assets in the U.S. Doesn’t Defeat COMI in the Cayman Islands

Madoff feeder fund allowed to conduct primary liquidation in the Cayman Islands.

August 21, 2019

Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits

Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.