Bankruptcy Judge Refuses to Enforce an Arbitration Agreement
An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.
In Sub V, a Class with No Votes Isn’t Considered in Confirming a Chapter 11 Plan
Former Bankruptcy Judge David R. Jones disagreed with a colleague, who had held that a non-voting class is considered as having voted against a plan.
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.
Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts
An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.
State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.
Bankruptcy Courts Have Statutory Power to Remove Voided Liens
Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.
Supreme Court to Hear a Third Bankruptcy Case this Term: Standing Under § 1109(b)
Supreme Court to decide whether a creditor has standing to object to any provision in a chapter 11 plan, even provisions that don’t affect the creditor.
28 U.S.C. § 1961(a) Requires Post-Judgment Interest, the Fifth Circuit Holds
As a unit of the district courts, bankruptcy courts are required to grant post-judgment interest in adversary proceedings under 28 U.S.C. § 1961(a).
Debtor’s Subchapter S Status Is Estate Property that an Owner Can’t Terminate
Bankruptcy Judge Russin declines to follow the Third Circuit and adopts the conclusion of bankruptcy courts holding that Sub S status is estate property.
Glomming On to an Entire Insurance Policy Can Be a Voidable Preference, Circuit Says
The insured’s bankruptcy can allow other claimants to recover a preference from one claimant who drew down the policy limit.