December 8, 2021
Although a chapter 11 plan can bind parties throughout the world, Judge Sontchi wouldn’t let a foreign debtor sue a foreign bank in the Delaware bankruptcy court over a transaction that occurred in England.
3rd Circuit , Delaware ,
December 6, 2021
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
December 2, 2021
The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
December 1, 2021
In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.
November 30, 2021
Judge Garrity wasn’t required to rule on whether Bankruptcy Rule 2004 applies in chapter 15 cases.
November 23, 2021
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
November 22, 2021
Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’
November 19, 2021
Reducing a claim between the first and second bankruptcy didn’t prevent the Fifth Circuit from employing res judicata.
November 17, 2021
Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.
November 12, 2021
Insurance coverage disputes are ‘routinely resolved in summary judgment,’ counseling against immediate withdrawal of the reference of a non-core lawsuit, district judge says.