August 21, 2024
Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.
August 14, 2024
Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.
July 17, 2024
New York’s Judge Sean Lane saw no reason for forcing holders of a $148 million defamation judgment ‘to wait years’ for a ‘modest distribution.’
June 12, 2024
Judge Mastando in New York decided that a chapter 7 trustee has authority to put the debtor’s subsidiary voluntarily into bankruptcy.
May 8, 2024
On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.
May 3, 2024
A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.
May 2, 2024
Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.
April 25, 2024
New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.
April 22, 2024
A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.
April 15, 2024
Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.