Venue/Jurisdiction

Seventh Circuit Dismisses Based on ‘Person Aggrieved’ Without Citing Truck Insurance

A per curiam decision from the Seventh Circuit raises the question of whether Truck Insurance overruled ‘person aggrieved’ sub silentio.

A Plan Appeal Wasn’t Equitably Moot, Even Though Reversal Might Rejigger New Equity

A district court in Houston denied a motion to dismiss a confirmation appeal as equitably moot, although reversal might alter ownership of the reorganized debtor.

Judge Goldblatt Engrafts the Standing Rules from Truck Insurance onto Chapter 7

At least with regard to standing for objections to claims, Delaware’s Judge Craig Goldblatt believes that the Truck Insurance standard for chapter 11 also applies in chapter 7.

ABI Talks (2024 Midwestern Bankruptcy Institute)

Update on the Intersection of the Bankruptcy and Chancery Courts

A Tale of Sovereign Restructurings: Venezuela and the CITGO Saga Discussion on the developments of Venezuela's indefinitely postponed external debt restructuring process and the individual execution efforts over the country’s most valuable assets in the US—CITGO’s network of downstream assets—in the context of the Crystallex litigation in Delaware. The session would highlight the tension between “first come / first served” principles guiding the current stream of individual enforcement / execution, and the creditor coordination features of a pure insolvency proceeding. The session will provide clarity on the status of the ongoing melee of court cases going after Venezuela's assets abroad, in the zoom-out context of the prospects for a broad, all-encompassing, debt restructuring process Creditor Suggested Speakers Roland Pettersson rpettersson@dra.com.ve D'Empaire

Bankruptcy Court Can’t Have Exclusive Jurisdiction over Disputes from a Sale Order

A district judge in Indiana says that a bankruptcy court cannot have exclusive jurisdiction over disputes in the future except in the circumstances specified in Section 1334.

Bankruptcy Judge Hursh Denies Arbitration over a Trustee’s Usury Claim

Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.