Practice and Procedure

A Disguised Loan Agreement Didn’t Create a ‘Fair Ground of Doubt’ Under Taggart

The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.

A Good Faith Objection to a Sale Cannot Be Raised the First Time on Appeal

The existence of a competing bidder does not put the buyer on notice of an ‘adverse interest’ to avoid dismissal for mootness under Section 363(m), the Sixth Circuit BAP says.

In ‘363’ Sales, Three Courts Say Purdue Doesn’t Bar Injunctions Protecting Buyers

For a sale ‘free and clear,’ nondebtors can be enjoined from suing.

Debtors Have a Narrow Window in ‘13’ to Redeem Foreclosed Property, BAP Says

Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.

Going Rogue: Revisiting Mediation and Preliminary Injunctions in Ch. 11

May 2025

Mass Tort Bankruptcy Settlements in Purdue’s Wake

March 2025

Consumer Rules Update

Resolving the Mass Tort Problem: Part I: Aggregating Cases in a Single Forum Under § 157(b)(5)

March 2025

Attorney/Client Privilege: Ethics Has No Borders

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