April 17, 2023
Someone who is not a party to the contract being assumed can’t assert a cure claim, even though Section 365(b) doesn’t give the counterparty the sole right to demand a cure on assumption of an executory contract.
April 14, 2023
A terse Second Circuit order seems to mean that a stay of a confirmation order pending appeal granted in district court can’t be appealed to the circuit, at least when the appeal is being expedited.
April 13, 2023
Contributions to 401(k) plans are deducted from ‘projected disposable income,’ even though the debtor was not making contributions before filing
April 12, 2023
Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.
April 11, 2023
Bankruptcy Judge Christopher Klein provides authority for student loan debtors who win in bankruptcy court but face an appeal aimed at the trial court’s fact-findings.
April 10, 2023
Fourth Circuit opinion shows how abstention is a powerful tool that insulates an erroneous decision from appellate review.
April 7, 2023
In the Alex Jones corporate Subchapter V case, Bankruptcy Judge Christopher Lopez said that the later chapter 11 filing by Jones himself, with about $1.5 billion in debt, didn’t kick the corporate debtor out of Subchapter V and into ‘ordinary’ chapter 11.
April 6, 2023
3rd Circuit , Delaware ,
Peculiar circumstance compelled a Delaware judge to depart from his usual approval of ‘opt-out’ plans that grant non-debtor releases.
April 5, 2023
The U.S. Attorney argued in district court that the Voyager plan would bar the government from enforcing federal regulations and criminal laws.
April 4, 2023
3rd Circuit , Delaware ,
Upholding confirmation of the Boy Scouts’ chapter 11 plan, the district judge in Delaware disagreed with his counterpart in New York who found no statutory power to impose non-consensual, non-debtor third-party releases.