Bankruptcy Litigation

The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement

Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement.

Benchnotes March 2018

March 2018

Sixth Circuit Favors Subjective Test in Good-Faith Defense Analysis

March 2018

A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says

Fraudulent transfer suit isn’t always required to recover fraudulently transferred property.

Bankruptcy Law Is Too Difficult for Article III Judges

Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit

Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.

Asset Sale Appeals Are Moot Even if There Is a Jevic Violation, First Circuit Says

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.