Claims

The Insurer Exception to Discharge Injunction: More Theoretical than Real?

The self-insured retention can prevent a creditor from using the insurer exception to sue the insurance company with the debtor as a nominal defendant.

Second Circuit Takes Sides on a Section 365(d)(5) Circuit Split

The ‘billing approach,’ not the ‘accrual approach,’ decides whether there is a priority claim for personal property and real estate leases more than 60 days after filing.

Debtors Have a Narrow Window in ‘13’ to Redeem Foreclosed Property, BAP Says

Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.

Without Levy, a Recorded Judgment Lien Is Unperfected in Some States

In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.

Going Rogue: Revisiting Mediation and Preliminary Injunctions in Ch. 11

May 2025

Mass Tort Bankruptcy Settlements in Purdue’s Wake

March 2025

Proof-of-Claim Considerations