June 27, 2025
Although there wasn’t ‘good cause’ to excuse late service of a summons and complaint, the bankruptcy court salvaged a large preference by exercising discretion and granting a 10-day expansion of the 90-day deadline.
June 12, 2025
The debtor agreed not to raise equitable mootness on an appeal only challenging nondebtor opt-out releases.
June 11, 2025
U.S. subsidiaries of a Canadian parent were under the control of a Canadian receiver, switching COMI from the U.S. to Canada.
May 28, 2025
Another bankruptcy court in New York holds that the ability to opt out of nondebtor releases represents consent after Purdue.
May 23, 2025
Bankruptcy courts in New York and Delaware believe that Purdue did not change the law and that nondebtor releases and exculpations are still permissible in chapter 15 cases.
April 10, 2025
Because all affected creditors were unanimous in support, Judge Michael Wiles didn’t agonize over whether the debtor actually had its center of main interests in the U.K.
April 2, 2025
A contempt sanction upholds the integrity of the court and doesn’t invoke Rule 69(a).
March 13, 2025
In the Spirit Airlines reorganization, no creditors with an economic interest had opposed confirmation of a plan with opt-out releases for nondebtors.
March 10, 2025
New York’s Judge Philip Bentley interpreted Section 363(f)(5) to permit a sale free and clear whenever a creditor could conduct a foreclosure or a UCC sale.
March 5, 2025
New York’s Judge Philip Bentley and Prof. Robert Lawless urge Congress to adopt the ABI Commission’s recommendations for dealing with bad faith filings.