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Plan Confirmation

Wednesday, April 20, 2022
Article Tags
Administrative Expense Claims
Court Administration
Plan Confirmation
Practice and Procedure
Preferences
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees

At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.

Supreme Court

Discharges in Subchapter V: What Has Changed? What Remains the Same? Are Elephants Hiding in Mouseholes?

June 2022

Bankruptcy Code
1191
Topic Tags
Bankruptcy Litigation
Plan Confirmation
Discharge/Dischargeability
Business Reorganization
Small Business

FishDish Proves that Ending Equitable Mootness Didn’t End the World as We Know It

Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.

8th Circuit
Iowa
Iowa Northern District

Benchnotes May 2022

May 2022

Bankruptcy Code
1189
503
1129
Topic Tags
Administrative Expense Claims
Alternative Dispute Resolution
Claims
Executory Contracts/Leases
Fraud
Plan Confirmation
Consumer Bankruptcy
Family/Divorce Issues

SC SJ: One Take on Harmonizing the Bankruptcy Code and FAA

May 2022

Bankruptcy Code
11 U.S.C. § 502(c)
Topic Tags
Alternative Dispute Resolution
Claims
Bankruptcy Litigation
Plan Confirmation
Business Reorganization
Covid19
Hospitality, Entertainment Venues and Gaming

In Defense of Third-Party Releases in Chapter 11 Cases: Part III: Four Proposed Fixes for the Third-Party-Release Mess!

May 2022

Bankruptcy Code
524(g)
Topic Tags
Bankruptcy Litigation
Plan Confirmation
Mass Torts

Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.

5th Circuit
Wednesday, March 16, 2022
Article Tags
Plan Confirmation
Business Reorganization
Govt. Claims/Sovereign Immunity
Mass Torts
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Another New York District Judge Is Hostile to Nondebtor, Third-Party Releases

At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.

2nd Circuit
New York
New York Southern District
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