Fifth Circuit Explains When There Is No Double Recovery from Avoiding a Lien
Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’
There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders
When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.
How to Liquidate a Secured Lender’s Collateral and Still Get Paid
To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’
Like 18th Century England, There’s No Jury Trial Right for Stay Violations
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
Chapter 13 Plan Modifications Can Reduce the Commitment Period and the Payments
A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.
Four Circuits Align: Section 1322(c)(2) Permits Bifurcating a Short-Term Mortgage
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.
Judge Furay Sides with the Minority on Stay Termination After a Repeat Filing
Courts are divided on whether automatic stay termination in Section 362(c)(3) applies to property of the debtor’s estate.
Opting Out Is Consent for Nondebtor Chapter 11 Releases, New York Judge Says
Another bankruptcy court in New York holds that the ability to opt out of nondebtor releases represents consent after Purdue.
Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution
Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.
After Purdue, Two Courts Still Permit Broad Nonconsensual Releases in ‘15’
Bankruptcy courts in New York and Delaware believe that Purdue did not change the law and that nondebtor releases and exculpations are still permissible in chapter 15 cases.