August 13, 2025
Liquidating Trustee Ousted for an Undisclosed Litigation Funding Agreement
The pricey litigation funding agreement had not been disclosed to creditors before confirmation.
Texas Northern DistrictJuly 25, 2025
A Lender Can’t Have a Lien on Avoidance Actions, District Judge Says
Just because an avoidance action is prepetition property under Section 541(a)(1) doesn’t mean that a lender can have a lien on the avoidance action as a general intangible, district judge says in affirming Bankruptcy Judge Thad Collins.
Iowa Northern DistrictJune 17, 2025
Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
5th CircuitJune 06, 2025
Fifth Circuit Explains When There Is No Double Recovery from Avoiding a Lien
Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’
5th CircuitMay 27, 2025
Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution
Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.
11th Circuit, Florida, Florida Southern DistrictMarch 10, 2025
Bankruptcy Judge Rejects a District Court’s Narrow View of Sales Free and Clear
New York’s Judge Philip Bentley interpreted Section 363(f)(5) to permit a sale free and clear whenever a creditor could conduct a foreclosure or a UCC sale.
2nd Circuit, New York, New York Southern DistrictFebruary 24, 2025
Forbearance Agreement Wasn’t an Enforceable Waiver of the Automatic Stay
Bankruptcy Judge Laura Grandy (politely) faulted other federal courts for failing to follow the Illinois mortgage statute and decisions by the Illinois Supreme Court.
7th Circuit, Illinois, Illinois Southern DistrictFebruary 11, 2025
In Lender-on-Lender Violence, an ‘Uptier’ Financing Bites the Dust, this Time in Houston
Fancy drafting by ‘brilliant financiers and lawyers,’ the judge said, didn’t validate an uptier transaction when the ‘effect’ was to release collateral without a two-thirds vote.
5th Circuit, Texas, Texas Southern DistrictFebruary 06, 2025
No Second Restructuring of the Same Debt in a Different Venue
Delaware judge wouldn’t allow a chapter 11 debtor to restructure the same secured debt a second time in a different venue.
3rd Circuit, DelawareFebruary 03, 2025
A Disguised Loan Agreement Didn’t Create a ‘Fair Ground of Doubt’ Under Taggart
The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.
5th CircuitPagination
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