July 03, 2019
As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.
The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.
July 02, 2019
The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.
June 28, 2019
Arizona Supreme Court allows LLCs to sue managers and members for violation of fiduciary duties.
June 26, 2019
The logical court to challenge the constitutionality of PROMESA isn’t the PROMESA court itself.
June 25, 2019
The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.
June 24, 2019
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
June 21, 2019
Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.
June 20, 2019
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
June 18, 2019
Overruling its own precedent, the Seventh Circuit dismissed an appeal when the appellant had not filed a motion in the appeals court for permission to undertake a direct appeal, even though the bankruptcy court had certified the question to the circuit.