Business Reorganization

Pennsylvania District Court Disagrees with the Fourth Circuit on License Assignment

Overcoming the ‘hypothetical test’ preventing license assumption under Section 365(c) doesn’t require consent to assumption if it permits assignment, two courts say in differing with the Fourth Circuit

Court :

Pennsylvania Western District

Third Circuit Dissenter Says that Bankruptcy Judges ‘Assist’ Article III Judges

The dissenter on rehearing believes there are narrow grounds for reopening a closed bankruptcy case.

Court :

3rd Circuit

Third Circuit: Confirmation Order Was Res Judicata Between Third Parties

The majority on a Third Circuit panel decided that a confirmation order many years earlier prevented one nondebtor from suing another nondebtor on an issue that wouldn’t affect the debtor’s estate but did entail interpreting the confirmation order.

Court :

3rd Circuit

On Panel Rehearing, Third Circuit Permits Reopening a 22-Year-Old Case

Reversing its prior decision after rehearing, the Third Circuit allowed a bankruptcy judge to interpret a confirmation decision made 12 years before by a district judge.

Court :

3rd Circuit

Inside ABI September 2025

Sept 2025

Bankruptcy Code

none

Topic Tags

Consumer Bankruptcy

Business Reorganization

Legislative Highlights September 2025

Sept 2025

Bankruptcy Code

none

Topic Tags

Consumer Bankruptcy

Business Reorganization

Another Judge Will Hold a Status Conference to Hear from Sex Abuse Survivors

Bankruptcy Judge Harner of Baltimore and Sacramento’s Bankruptcy Judge Klein have both authorized status conferences allowing abuse survivors to address the court and the church.

Court :

Maryland

Proceedings for Contempt of a State Court Order Weren’t Stay Violations, BAP Says

An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.

Court :

10th Circuit

A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case

In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.

Court :

New Mexico