May 6, 2024
Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.
May 3, 2024
A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.
May 2, 2024
Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.
May 1, 2024
As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.
April 30, 2024
A Third Circuit decision shows the breadth of unliquidated and contingent claims.
April 29, 2024
The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.
April 26, 2024
3rd Circuit , Delaware ,
Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.
April 25, 2024
New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.
April 24, 2024
The lack of perfection of a federal tax lien did not mean that the entireties interest was exempt under Section 522(b)(3).
April 23, 2024
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.