‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim
There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.
Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
Sears Landlord Wins Big Supreme Court Appeal But Has Nothing to Show for the Effort
Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.
Debtor’s Appeal from Chapter 13 Plan Confirmation Held Equitably Moot
District court equates distribution to creditors in chapter 13 to substantial consummation of a chapter 11 plan.
Forcing Sale of a Debtor’s Milk Quota Is No Stay Violation, First Circuit Says, Reversing District Court
The First Circuit applied the ‘collateral order doctrine’ to allow an appeal by the government when a private party would be stuck with a nonappealable, interlocutory order.
Constitutional and Prudential Standing Survived Truck Insurance, Judge Kinsella Says
Did the notion of ‘prudential standing’ in bankruptcy cases survive Truck Insurance?
District Court Upholds Redaction of Customer Information in a Cryptocurrency Case
Prominent news organizations failed to overturn the redaction of customer information in a big cryptocurrency case.
For Foreign Liquidators, Chapter 15 Is Better than Using Common Law, Decision Shows
A foreign liquidator, who ran into problems in the Third Circuit using common law, changed course and quickly obtained relief in chapter 15.
Bankruptcy Courts Don’t Agree on What’s a ‘Consensual’ Nondebtor Release
Bankruptcy Judge Paul Baisier of Atlanta disagreed with Bankruptcy Judge Craig Goldblatt of Delaware about requiring creditors to vote before they are saddled with nondebtor releases in chapter 11 plans.
A Magistrate Judge Refuses to Enforce an Order Staying Actions Against Nondebtors
A magistrate judge decided that a bankruptcy court’s order from another district halting suits against nondebtors was unenforceable because it was not an ‘injunction’ made under Section 105(a).