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Claims

Reducing a Personal Guarantee Under a Plan Isn’t a Discharge, Fifth Circuit Says

The appeals court barred the holder of a personal guarantee from launching a collateral attack on a confirmed chapter 11 plan.

5th Circuit
Wednesday, November 17, 2021
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Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Telecom/Tech
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Circuit Expands Espinosa to Include Failure to Give Notice of Third-Party Releases

Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.

11th Circuit

The Solvent-Debtor Exception Is Given New Life

Jan 2022

Bankruptcy Code
the Debtor and the Estate›Subchapter I - Creditors and Claims›502
1124
1129
post-petition interest
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Claims
Plan Confirmation
Business Reorganization
Tuesday, November 16, 2021
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Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Health Care
Mass Torts
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Tuesday, November 16, 2021
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Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Fraud
Business Reorganization
Covid19
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Tuesday, November 16, 2021
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Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
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Split Widens on Dischargeability for Third Party’s Violation of Securities Laws

Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).

8th Circuit
Minnesota
Monday, November 15, 2021
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Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Ethics
Practice and Procedure
Business Reorganization
Mass Torts
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Monday, November 15, 2021
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Real Estate
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