Dismissal of Second J&J Chapter 11 Filing Upheld by Return Mail in the Circuit
The ‘attenuated possibility of insolvency’ in the future does not establish ‘financial distress,’ Circuit Judge Ambro said, interpreting his own prior opinion.
BAP Holds that Nondischargeability for Actual Fraud Requires Justifiable Reliance
The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.
Enjoining a Prepetition Policy Doesn’t Violate the Automatic Stay, Fifth Circuit Says
Seeking attorneys’ fees from the debtor for a postpetition civil rights violation does not by itself make a postpetition lawsuit subject to the automatic stay.
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.
Arbitration Nixed on a Lender’s Claims for Violation of the Automatic Stay
Bankruptcy Judge Paul Black denied a motion to compel arbitration but didn’t decide whether he would certify a class.
Chicago’s Judge Cox Enjoins Suits Against Nondebtors, Distinguishing Purdue
After Purdue, two bankruptcy judges now say that preliminary injunctions protecting nondebtors are permissible to foster successful chapter 11 reorganizations.
BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs
The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).
How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit
The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.
Delaware Judge Explains How to Obtain a PI Protecting Nondebtors After Purdue
In the first decision on the topic after Purdue, Delaware’s Judge Goldblatt denied the debtor’s motion for a preliminary injunction to stop a lawsuit against nondebtors.
Established Law Pointed Judge Lane Toward Dismissing Giuliani’s Chapter 11 Case
New York’s Judge Sean Lane saw no reason for forcing holders of a $148 million defamation judgment ‘to wait years’ for a ‘modest distribution.’