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The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.

Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.

An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.

The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.

It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.

Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.

Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.

Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.

Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.

Courts disagree on whether a repudiated contract remains executory.