Someone Defending an Appeal Isn’t Required to Show ‘Standing,’ Fifth Circuit Says
To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.
Court:
Chapter 13 Can Shield Preferences from Recovery
So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.
Second J&J Talc Committee (Temporarily?) Disbanded
Decisions by the U.S. Trustee are subject to judicial review, Judge Kaplan says.
Court:
Rochelle’s Rocky Mountain Case Law Update
Taking Yes for an Answer: Emerging Issues in Assumption, Rejection and Cure in a Post-Pandemic World
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Another District Judge Emphatically Rejects a Plan with Non-Debtor Third-Party Releases
A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.
Third-Party, Non-Consensual Releases Nixed in the Purdue ‘Opioid’ Reorganization
Manhattan district judge vacated confirmation of Purdue Pharma’s chapter 11 plan because the court had no statutory power to impose non-consensual releases of creditors’ direct claims against non-debtors.
Court:
America Now! Views from the Bench
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