Business Reorganization

The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).

Court :

3rd Circuit

A Chapter 11 Debtor May Sometimes Prosecute an Appeal After Conversion to Chapter 7

After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.

Court :

10th Circuit

New Mexico

The Illusion of Advocacy: Creditor Committees and Divergent Interests in Complex Chapter 11 Cases

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Creditors' Committee

Legislation

Plan Confirmation

Business Reorganization

International Insolvency

Public Companies and Claims Trading

Unsecured Trade Creditors

On Remand from the Supreme Court in Truck Ins., Fourth Circuit Upholds Confirmation

Fourth Circuit says there’s nothing in the Bankruptcy Code requiring ‘anti-fraud’ provisions in a mass tort chapter 11 plan. The appeals court also holds that an ‘asbestos’ plan isn’t filed in bad faith when the plan gives an insurer no more rights than the insurer has under its policy.

Court :

4th Circuit

‘Notice’ in Rule 3002(c)(7) Means Notice of the Bar Date, Not Notice of the Case

Bankruptcy Judge Scott Grossman adopted the analysis by Bankruptcy Judge Brian Walsh in concluding that creditors are entitled to notice of the claims bar date, not just notice of the filing.

Court :

11th Circuit

Florida

Florida Southern District

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