business Cases
December 12, 2024
A foreign liquidator, who ran into problems in the Third Circuit using common law, changed course and quickly obtained relief in chapter 15.
December 11, 2024
Bankruptcy Judge Paul Baisier of Atlanta disagreed with Bankruptcy Judge Craig Goldblatt of Delaware about requiring creditors to vote before they are saddled with nondebtor releases in chapter 11 plans.
December 10, 2024
A magistrate judge decided that a bankruptcy court’s order from another district halting suits against nondebtors was unenforceable because it was not an ‘injunction’ made under Section 105(a).
December 5, 2024
Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).
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.
December 2, 2024
The definition of ‘small business’ uses the word ‘activities,’ not ‘operations,’ making nonoperating small business eligible for Subchapter V.
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 19, 2024
Reversing the bankruptcy court, the Chicago district judge follows the Fourth and Fifth Circuits and rejects a contrary holding by the Ninth Circuit BAP.
November 18, 2024
Although a ‘true-up’ cannot be imposed, a debtor could employ a ‘true-up’ to confirm an otherwise nonconfirmable plan.