With Reservations, a Chapter 11 Debtor with No Financial Distress Avoids Dismissal
Bankruptcy Judge Whitley says that a no-opt-out plan for a solvent debtor might violate creditors’ due process and jury trial rights.
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Journal Issue
Bankruptcy Code
Bankruptcy Rule
Oil and Gas Royalties Never Become Estate Property in Colorado
The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.
Bankruptcy Code Overrides Contrary Delaware Corporate Law, Judge Lopez Says
Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.
Finality of a Contempt Order Drawn into Question in the Eleventh Circuit
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.
Actual Damages Not Required to Recover Attorneys’ Fees for a Stay Violation
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.