Third Circuit Creates a Common Law Alternative to Chapter 15
Prof. Westbrook believes there is no common law alternative to chapter 15.
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Sitting on the Sidelines in a Chapter 11 Case Sometimes Doesn’t Pay Off
Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.
Reference Withdrawal on Houston Ethics Probe Pits UST Against Bankruptcy Judge
Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.
Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable
Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.