December 3, 2024
The same district judge who correctly predicted that Purdue’s nonconsensual releases were prohibited has nonetheless upheld a preliminary injunction barring suits against nondebtors.
November 25, 2024
Bankruptcy Judge Sean Lane says that Delaware corporate law can’t prevent committees from having derivative standing.
November 22, 2024
At least in New York, proceedings on a confession of judgment are neither a ‘claim’ nor a ‘cause of action’ and can’t be removed under 28 U.S.C. § 1452(a).
November 15, 2024
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
October 11, 2024
Conducting a valuation hearing on a cramdown plan isn’t always required.
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.