Claims

Subchapter V Might Not Be So Bad: Subchapter V Tools from a Secured Creditor’s Perspective

July 2025

Two Courts Hold: Injunctions Are Ok to Protect Nondebtors for the Life of a Plan

Judge Meredith Grabill of New Orleans agreed with New York’s Judge Mastando that a Subchapter V plan can enjoin lawsuits against nondebtors for the life of a three-year plan.

Segal v. Rochelle May Remain Good Law Only in Limited Circumstances

The elaborate definition of ‘estate property’ in Section 541(a) may have superseded the 1966 ‘sufficiently rooted’ analysis in Segal.

Benchnotes July 2025

July 2025

Enforceability of Pre-Petition Agreements in Bankruptcy

July 2025

Second Circuit Chooses the Billing-Date Approach for Post-Petition Rent

July 2025

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

July 2025

In ‘13,’ a Creditor Wanted Debtors’ Counsels’ Fees to Come Last, Not First

Chicago’s Bankruptcy Judge Donald Cassling nixed an idea that would have made chapter 13 unpalatable for debtors’ counsel.

‘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.

A Critique of 11 U.S.C. § 510(b)’s Claim Subordination: Perspectives from Private Enforcement