September 13, 2023
When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.
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.
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.
May 3, 2023
The bankruptcy judge only gave nondebtor J&J companies a more limited stay in the second LTL chapter 11 case.
April 6, 2023
Peculiar circumstance compelled a Delaware judge to depart from his usual approval of ‘opt-out’ plans that grant non-debtor releases.
March 31, 2023
A large sanction was civil, not criminal, because it was designed for deterrence.
January 31, 2023
Circuit Judge Thomas Ambro prohibits big companies from filing chapter 11 cases absent ‘financial distress.’
November 10, 2022
One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.
October 24, 2022
Subjectively laudable reasons for violating a confidentiality order didn’t absolve the lawyer of sanctions.
October 11, 2022
In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.