August 15, 2023
The same day the Supreme Court decided to hear Purdue, a district judge on Long Island, N.Y., sent dozens of long-stayed sexual abuse cases back to state court where the debtor is not a named defendant.
August 8, 2023
The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.
August 3, 2023
Bound by the Third Circuit’s first LTL decision, the bankruptcy court found that LTL’s rejiggered second filing suffered from the same defect: no immediate financial distress.
July 17, 2023
A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.
July 5, 2023
When the debtor files bankruptcy before the time has elapsed for a creditor to file a cross appeal, the cross appeal is deemed timely when filed within 30 days after the stay terminated, the Tenth Circuit held.
June 27, 2023
Split 5/4, the Supreme Court rules that denial of a motion to compel arbitration automatically imposes a stay pending appeal.
June 23, 2023
The Fourth Circuit majority upheld a preliminary injunction barring tort suits against a debtor’s nonbankrupt affiliates following a Texas divisional merger.
June 19, 2023
At least where nondebtor releases are prohibited, and if Delaware law controls, a suit against an alter ego doesn’t violate the discharge injunction, the Ninth Circuit BAP says.
May 26, 2023
A two-story commercial condominium wasn’t ‘single asset real estate,’ Judge Mastando holds.
May 3, 2023
The bankruptcy judge only gave nondebtor J&J companies a more limited stay in the second LTL chapter 11 case.