October 11, 2024
Conducting a valuation hearing on a cramdown plan isn’t always required.
October 2, 2024
Because ‘excusable neglect’ won’t allow a late vote to be counted, counsel must solicit votes on a plan before the voting deadline.
October 1, 2024
Nondebtor releases are valid whether the creditor votes for or against the plan, as long as notice to opt out was clear and conspicuous.
3rd Circuit , Delaware ,
September 27, 2024
The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
September 18, 2024
The opinion by Circuit Judge Thomas Ambro reads Jevic as animating the solvent-debtor exception to the disallowance of unmatured interest.
September 13, 2024
Bankruptcy Judge Larson administratively closed a Sub V case after substantial consummation.
September 10, 2024
A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.
September 4, 2024
After Purdue, bankruptcy judges are now split on whether mass-tort plans are permissible if creditors must opt out.
August 28, 2024
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.
August 21, 2024
Professors disagree on whether latent asbestos claims can be discharged without a trust for future claimants.