Rochelle's Daily Wire

The circuit courts are diverging on the utility of equitable mootness to avoid reversing confirmation of chapter 11 plans.

Holding $1.4 billion in escrow did not preclude invocation of equitable mootness, Third Circuit majority says.

The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).

Chicago’s Bankruptcy Judge Donald Cassling nixed an idea that would have made chapter 13 unpalatable for debtors’ counsel.

Fourth Circuit says there’s nothing in the Bankruptcy Code requiring ‘anti-fraud’ provisions in a mass tort chapter 11 plan. The appeals court also holds that an ‘asbestos’ plan isn’t filed in bad faith when the plan gives an insurer no more rights than the insurer has under its policy.

A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.

A homeowners’ association is not a single asset real estate debtor because the HOA’s income doesn’t come from the common areas but from assessments paid by unit owners.

After the court had denied contract assumption, there was no compensation for keeping assumption alive pending appeal.

Bankruptcy Judge Littlefield insisted on supervision of post-confirmation legal fees when there was to be a ‘litany of litigation’ after confirmation.

A bankruptcy judge in San Antonio disagreed with two bankruptcy judges in Houston by holding that a nonvoting class is equivalent to rejecting a plan in Subchapter V of chapter 11.