business Cases
March 14, 2022
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
March 11, 2022
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
March 10, 2022
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
March 2, 2022
10th Circuit , Utah ,
Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).
March 1, 2022
Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.
February 28, 2022
The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.
February 25, 2022
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
February 23, 2022
3rd Circuit , Delaware ,
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
February 18, 2022
To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.
February 17, 2022
A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.