Skip to main content
ABI Journal

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, Mississippi

May 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 Mexico

December 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, Delaware

November 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 District

September 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, Kansas

July 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 Jersey

June 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 Circuit

October 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, Kansas

September 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, Delaware

July 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