Practice and Procedure

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

District Court Narrowly Reads a Nondebtor Release in a Sale-Approval Order

A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.

District Court Orders Arbitration of All Noncore Claims, Reversing the Bankruptcy Court

Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.

Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.