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ABI Journal

Plan Confirmation

Benchnotes July 2025

July 2025

Bankruptcy Code
523(a)(6)
11 U.S.C. § 363(m)
329
522
1129
1326
Topic Tags
Asset Sales
Claims
Fraud
Plan Confirmation
Discharge/Dischargeability
Mass Torts

The ‘Dissent’ in Boy Scouts Favored Using Equitable Mootness to Uphold Nondebtor Releases

The circuit courts are diverging on the utility of equitable mootness to avoid reversing confirmation of chapter 11 plans.

3rd Circuit

As to Appealing Insurers, the Boy Scouts Plan Was Not Equitably Moot

Holding $1.4 billion in escrow did not preclude invocation of equitable mootness, Third Circuit majority says.

3rd Circuit

How Should Courts “Fix” § 1191(c)(2)’s Disposable Income Commitment Period?

July 2025

Bankruptcy Code
1191
1129
Topic Tags
Plan Confirmation

Finality of Orders Denying Confirmation of Chapter 11 Plans

Aug 2025

Bankruptcy Code
158
Topic Tags
Plan Confirmation
Venue/Jurisdiction
Business Reorganization

Third Circuit Upholds Boy Scouts’ Nonconsensual Releases, Purdue Notwithstanding

The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).

3rd Circuit

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

July 2025

Bankruptcy Code
1102
1103
Topic Tags
Claims
Bankruptcy Litigation
Creditors' Committee
Legislation
Plan Confirmation
Business Reorganization
International Insolvency
Public Companies and Claims Trading
Unsecured Trade Creditors

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.

7th Circuit
Illinois
Illinois Northern District

On Remand from the Supreme Court in Truck Ins., Fourth Circuit Upholds Confirmation

Fourth Circuit says there’s nothing in the Bankruptcy Code requiring ‘anti-fraud’ provisions in a mass tort chapter 11 plan. The appeals court also holds that an ‘asbestos’ plan isn’t filed in bad faith when the plan gives an insurer no more rights than the insurer has under its policy.

4th Circuit

New Trend in Third-Party Releases in Delaware

July 2025

Topic Tags
Creditors' Committee
Plan Confirmation
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