June 20, 2025
WARN Act Damages of $15,100 Per Worker Are Section 507(a)(4) Priority Claims
A chapter 11 debtor may be saddled with smaller WARN Act claims by imposing mass layoffs after filing.
5th Circuit, MississippiMay 13, 2025
A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7
After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.
10th Circuit, New MexicoDecember 30, 2024
Delaware Judge Writes a Treatise for Avoiding WARN Act Liability
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
3rd Circuit, DelawareNovember 15, 2024
Sub V Trustee in Chapter 11 Can’t Be Enlisted to Pursue Avoidance Actions
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
2nd Circuit, New York, New York Southern DistrictSeptember 26, 2024
A Former Officer Was Not ‘Disinterested’ but Could Be Retained as a Professional Person
Judge Dale Somers adopted a ‘liberal’ construction of Section 1107(b) to retain a professional person who had been an officer of the debtor.
10th Circuit, KansasJuly 25, 2024
Releases, a/k/a Exculpations, of Insiders Barred Under a Chapter 11 Plan
Bankruptcy Judges Wiles in New York decided that insiders were not entitled to releases under Section 503(c), but not for the reasons contained in Purdue.
3rd Circuit, New JerseyJune 11, 2024
The Estate Owns Claims for Continuing Course of Conduct Before and After Filing
Is Segal v. Rochelle good law following the adoption of the Bankruptcy Code?
9th CircuitOctober 23, 2023
Labor Union Beats Back a Motion to Transfer Venue to the Bankruptcy Court
A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
10th Circuit, KansasSeptember 22, 2023
Successorship Obligations Are Not Barred by Sales Free and Clear, Delaware D.J. Says
Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.
3rd Circuit, DelawareJuly 10, 2023
Judge Kathryn Ferguson Evokes Bob Dylan with Regard to Changing Rules on Setoff
Times are a-changin’ when it comes to setoff against exempt assets.
3rd Circuit, New Jersey