December 3, 2024
The same district judge who correctly predicted that Purdue’s nonconsensual releases were prohibited has nonetheless upheld a preliminary injunction barring suits against nondebtors.
November 26, 2024
With an exception, cases after Purdue are pointing toward approval of nondebtor releases where creditors are only allowed to opt out.
November 25, 2024
Bankruptcy Judge Sean Lane says that Delaware corporate law can’t prevent committees from having derivative standing.
November 22, 2024
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).
November 15, 2024
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
October 17, 2024
An opinion by Bankruptcy Judge Carl L. Bucki might be read, incorrectly, to mean that Purdue precludes preliminary injunctions stopping suits against nondebtors.
October 11, 2024
Conducting a valuation hearing on a cramdown plan isn’t always required.
September 4, 2024
After Purdue, bankruptcy judges are now split on whether mass-tort plans are permissible if creditors must opt out.
August 21, 2024
Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.
August 14, 2024
Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.