Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal
Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.
Seventh Circuit Upholds $9.5 Million in Sanctions for Violating a Plan Injunction
When there was a knowing violation of injunctions in the plan and confirmation order, the Seventh Circuit said that the appeal bordered on frivolous.
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Stay Violator Held Liable for Debtor’s Attorneys’ Fees Incurred to Collect Damages
When a stay violator refused to reimburse debtor’s counsel for fees to stop the stay violation, Judge Rebecca Connelly awarded attorneys’ fees for time spent to collect attorneys’ fees.
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Third Circuit Reverses and Dismisses J&J’s ‘Baby Powder’ Chapter 11 Case
Circuit Judge Thomas Ambro prohibits big companies from filing chapter 11 cases absent ‘financial distress.’
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Current Events with Bill Rochelle (and Guests!)
Bankruptcy Judge Reflects on ‘Leverage-Shifting’ In Denying a Nondebtor Injunction
Bankruptcy Judge William Lafferty declined (for now) to halt suits against nondebtor affiliates for lack of an adequate record to justify a preliminary injunction.
It Wasn’t a Good Idea for 3M Corp. to Call Its Multidistrict Litigation a ‘Failure’
District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.