Second Circuit Takes Sides on a Section 365(d)(5) Circuit Split
The ‘billing approach,’ not the ‘accrual approach,’ decides whether there is a priority claim for personal property and real estate leases more than 60 days after filing.
Court:
Barton Halted Third Parties from Suing in an Allegedly Better Forum
When third parties sued a trust created by a confirmed chapter 11 plan, Judge Garrity declined to invent any new exceptions to the Barton doctrine.
A Mortgage Deficiency Judgment Is a Judicial Lien Subject to Avoidance Under § 522(f)
A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.
Court:
Sears Landlord Wins Big Supreme Court Appeal But Has Nothing to Show for the Effort
Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.
Court:
Constitutional and Prudential Standing Survived Truck Insurance, Judge Kinsella Says
Did the notion of ‘prudential standing’ in bankruptcy cases survive Truck Insurance?
Purdue Preliminary Injunction Protecting Nondebtors Upheld on Appeal
The same district judge who correctly predicted that Purdue’s nonconsensual releases were prohibited has nonetheless upheld a preliminary injunction barring suits against nondebtors.
Class Action Commonality Justifies an ‘Opt Out’ Plan for Nondebtor Releases
With an exception, cases after Purdue are pointing toward approval of nondebtor releases where creditors are only allowed to opt out.
Purdue Creditors Given Derivative Standing to Sue the Sacklers
Bankruptcy Judge Sean Lane says that Delaware corporate law can’t prevent committees from having derivative standing.
Proceedings on a Confession of Judgment Can’t Be Removed as ‘Related To’
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).
Sub V Trustee in Chapter 11 Can’t Be Enlisted to Pursue Avoidance Actions
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.