‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.