Plan Confirmation

Benchnotes October 2022

Oct 2022

Bankruptcy Code

11 U.S.C. § 365

524

Topic Tags

Claims

Bankruptcy Litigation

Creditors' Committee

Plan Confirmation

Practice and Procedure

Professional Compensation/Fees

Discharge/Dischargeability

Puerto Rico

Fifth Circuit Permits Gatekeeping to Serve the Function of Third-Party Releases

Adhering to the categorial prohibition of nondebtor third-party releases, the Fifth Circuit now allows a workaround to protect principal participants in chapter 11 cases.

Court :

5th Circuit

Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts

The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.

Court :

5th Circuit

After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees

The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.

Court :

10th Circuit