March 7, 2024
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
3rd Circuit , Delaware ,
March 5, 2024
Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?
March 4, 2024
The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.
March 1, 2024
A foreign branch of a U.S. bank isn’t a foreign bank eligible for chapter 15.
February 28, 2024
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
February 27, 2024
Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.
February 26, 2024
The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.
February 22, 2024
If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.
February 20, 2024
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
3rd Circuit , Delaware ,
February 15, 2024
Prof. Westbrook believes there is no common law alternative to chapter 15.