business Cases
December 11, 2023
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.
December 8, 2023
If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.
December 5, 2023
At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.
December 1, 2023
A decision from a New York bankruptcy court makes nondebtor releases easier to obtain in Subchapter V than in large, mass tort chapter 11 cases.
November 29, 2023
The 2005 amendment to Section 303(b)(1) disqualifies an involuntary petitioner if there is a dispute as to even part of the creditor’s claim.
November 28, 2023
Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.
November 21, 2023
3rd Circuit , Delaware ,
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.
November 16, 2023
When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.
November 15, 2023
One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.
November 14, 2023
Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.