business Cases
September 5, 2024
Second Circuit leaves open the question of whether a trustee can sell a ‘general’ or ‘derivative’ claim that’s subject to a valid lien held by a creditor.
September 4, 2024
After Purdue, bankruptcy judges are now split on whether mass-tort plans are permissible if creditors must opt out.
August 29, 2024
A noncompetition agreement that would preclude finding other sources of revenue can be the basis for showing irreparable harm and entitlement to a preliminary injunction.
August 28, 2024
In the first opinion on the issue after Purdue, Bankruptcy Judge Christopher Lopez holds that Purdue did not change Fifth Circuit law where ‘hundreds’ of ‘opt-out’ plans have been confirmed with nondebtor releases.
August 27, 2024
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.
August 22, 2024
Criminal activities of an agent don’t take the agent’s actions outside of the scope of authority.
August 21, 2024
Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.
August 16, 2024
Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?
August 15, 2024
Bankruptcy Judge Paul Bonapfel differed with two judges in Houston by holding that a nonaccepting class in Subchapter V means that a plan must be confirmed in cramdown.
August 14, 2024
Defensive setoff rights are not discharged by chapter 11 confirmation, even when no proof of claim was filed.