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Journal Issue

Sept 2023

Bankruptcy Code

101

106

11 U.S.C. § 362

Bankruptcy Rule

101

Topic Tags

Automatic Stay

Bankruptcy Litigation

Practice and Procedure

Venue/Jurisdiction

Govt. Claims/Sovereign Immunity

Deadline Approaching for Norton Judicial Excellence Award

Submitted by ckanon@abi.org on Wed, 2023-07-05 08:52

All nominations for the annual Judge William L. Norton, Jr. Judicial Excellence Award must be received no later than July 17, 2023. This award, co-sponsored by American Bankruptcy Institute (ABI) and Thomson Reuters, honors a distinguished bankruptcy judge whose career has embodied the same dedication to the insolvency community as did that of the award’s namesake. You can view a list of the past honorees here.  The award will be presented at the annual meeting of the National Conference of Bankruptcy Judges (NCBJ) in October. To nominate a candidate for the award, please download the nomination form here, and email it to Kathryn Copeland at kathryn.copeland@thomsonreuters.com.

Article Tags

Venue/Jurisdiction

Wednesday, July 5, 2023 - 12:00

A Bankruptcy Petition Automatically Stays the Filing of an Appeal or a Cross Appeal

When the debtor files bankruptcy before the time has elapsed for a creditor to file a cross appeal, the cross appeal is deemed timely when filed within 30 days after the stay terminated, the Tenth Circuit held.

Sixth Circuit Staunches the Spread of Equitable Mootness to Chapter 7

Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.

No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan

Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan.

Journal Issue

Bankruptcy Code

Bankruptcy Rule

none

Topic Tags

Automatic Stay

Claims

Bankruptcy Litigation

Practice and Procedure

Venue/Jurisdiction

Consumer Bankruptcy

Consumer Debt

Discharge/Dischargeability

Family/Divorce Issues

J&J, Redux: Bankruptcy Court Dismissed 3M Subsidiary’s Chapter 11 Case

Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”

Bankruptcy Code

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Preferences

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

International Insolvency

Puerto Rico

Small Business

As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue

A judge sitting in a proper venue may transfer venue to a district that was improper originally.

Move Over, Delaware: Texas Takes Center Stage in Bankruptcy Surge

Submitted by jhartgen@abi.org on Fri, 2023-06-02 10:10

Corporate bankruptcy filings are rising after a pandemic lull, totaling 236 this year through April, the highest total since 2010, according to S&P Global, WSJ Pro Bankruptcy reported. Houston stands to gain from that upswing, since its popularity as a bankruptcy venue has been growing for nearly a decade, according to a University of California, Los Angeles database that tracks large chapter 11 filings. While Houston only hosted around 4% of large public-company bankruptcies in 2012, that share reached 50% by 2020 and has stayed around there ever since. The city’s rise has elevated it alongside Wilmington, Del., and New York, long considered the most popular chapter 11 landing spots.

Article Tags

Court Administration

Venue/Jurisdiction

Business Reorganization