Rochelle's Daily Wire

Curtailing equitable mootness will benefit the bankruptcy community by fostering appellate decisions that clarify the standards for confirmation of chapter 11 plans.

Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.

At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.

To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.

A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.

So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.

Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.

Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.

Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.

The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?