H.R. 9223, the "Nondebtor Release Prohibition Act of 2024"
To amend title 11, United States Code, to prohibit nonconsensual release of a nondebtor entity’s liability to an entity other than the debtor, and for other purposes.
S. 5415, the “Nondebtor Release Prohibition Act”
To amend title 11, United States Code, to prohibit nonconsensual release of a nondebtor entity’s liability to an entity other than the debtor, and for other purposes.
H.R. 9922, the "Litigation Transparency Act of 2024"
To amend title 28, United States Code, to provide for transparency and oversight of third-party beneficiaries in civil actions.
Proof-of-Claim Considerations
Fifth Circuit Arguably Expands the Barton Doctrine’s Ultra Vires Exception
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
Court:
A Transfer from the Debtor to a Constructive Trust Isn’t a Transfer of Debtor’s Property
If there’s a constructive trust on property in the debtor’s name, the debtor was only the trustee of the constructive trust and had no legal interest in the property.
Court:
Fifth Circuit Holds that Equitable Mootness Doesn’t Protect Parties to the Appeal
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
Court:
Fifth Circuit Bans Uptier Financings for Violating the Principle of Ratable Treatment
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
Court:
A Judgment Lien Isn’t Created by Filing a UCC Financing Statement, Judge Furay Says
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
Do Kwon Pleads Not Guilty to U.S. Charges Over Terra Collapse
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