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ABI Journal

Plan Confirmation

Circuit Expands Espinosa to Include Failure to Give Notice of Third-Party Releases

Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.

11th Circuit

The Solvent-Debtor Exception Is Given New Life

Jan 2022

Bankruptcy Code
the Debtor and the Estate›Subchapter I - Creditors and Claims›502
1124
1129
post-petition interest
Topic Tags
Claims
Plan Confirmation
Business Reorganization
Tuesday, November 16, 2021
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Retail
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Eleventh Circuit Differentiates the Two Standards for Approval of Non-Debtor Releases

The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans

11th Circuit
Wednesday, October 27, 2021
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
International Insolvency
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Can Subchapter V Trustees Invoke the Common-Interest Doctrine?

Dec 2021

Bankruptcy Code
1183
1102
1103
1106
Topic Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Financial Advisors
Plan Confirmation
Practice and Procedure
Business Reorganization
Small Business
Unsecured Trade Creditors
Monday, October 18, 2021
Article Tags
Corporate Governance
Court Administration
Plan Confirmation
Business Reorganization
Hospitality, Entertainment Venues and Gaming
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Supreme Court Update: Equitable Mootness Not Ready for Prime Time

An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.

Supreme Court

Supreme Court Likely to Tackle 2018 U.S. Trustee Fee Increase

The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.

10th Circuit

Chapter 11 Feasibility and Related Confirmation Topics

Bankruptcy Code
1129
Topics
Plan Confirmation
Business Reorganization

Links

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