Plan Confirmation

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 :

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

Eleventh Circuit: Chapter 13 Debtor Keeps Settlement of a Personal Injury Claim

What’s a settlement of a personal injury claim? Is it income earmarked for creditors in chapter 13?

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11th Circuit

Bestwall Concurrence Believes in ‘Liberalization’ of Bankruptcy Powers

The concurring opinion in Bestwall could be read to suggest that Circuit Judge G. Steven Agee might have an open mind if a confirmed plan comes to the Fourth Circuit on appeal.

Court :

4th Circuit

Bestwall Dissenting Opinion Reads Like Dismissal of LTL Mgmt for a Bad Faith Filing

The Bestwall dissenter understands the Bankruptcy Clause as having the 18th century definition of ‘bankruptcy,’ thus requiring insolvency or inability to pay debts.

Court :

4th Circuit

Fourth Circuit Rules on Jurisdiction, not ‘Financial Distress’ for a Chapter 11 Debtor

Fourth Circuit majority and dissenting opinions might be read to suggest that Bestwall could have tough sledding on an appeal from confirmation since the debtor is solvent.

Court :

4th Circuit