Possibly Dicta, the Fifth Circuit Disallows Make-Wholes
Creating a circuit split, the Fifth Circuit holds that the solvent-debtor exception to the allowance of post-petition interest survived adoption of the Bankruptcy Code.
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Bankruptcy Code
Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13
Judge Rosania answered a question left open by the Tenth Circuit in Barrera.
Bankruptcy Code
Bankruptcy Courts Always Have Post-Confirmation Jurisdiction for ‘Core’ Matters
The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.
SDNY Bankruptcy Court Holds Attorney/Client Retainer Is Sufficient to Establish Chapter 11 Eligibility
On Feb. 1, 2022, Hon. David S. Jones of the U.S. Bankruptcy Court for the Southern District of New York denied a motion to dismiss the chapter 11 cases of JPA No. 111 Co. Ltd. and JPA No. 49 Co. Ltd. (together, the “debtors”), each a Japanese single-purpose entity — finding that the debtors’ reversionary interest in unused retainer funds held by the debtors’ chapter 11 counsel established sufficient “ties” to the U.S. for purposes of chapter 11 eligibility under § 109 of the Bankruptcy Code [1].