When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.

A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.

Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.

Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.

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.

After Purdue, bankruptcy judges are now split on whether mass-tort plans are permissible if creditors must opt out.

A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.

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.

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.