February 4, 2025
When third parties sued a trust created by a confirmed chapter 11 plan, Judge Garrity declined to invent any new exceptions to the Barton doctrine.
January 16, 2025
A receiver was tagged $45,000 for failing to turn over estate property by demanding payment of administrative fees.
January 14, 2025
Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.
January 13, 2025
The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.
December 19, 2024
Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.
2nd Circuit , New York ,
December 16, 2024
Did the notion of ‘prudential standing’ in bankruptcy cases survive Truck Insurance?
November 25, 2024
Bankruptcy Judge Sean Lane says that Delaware corporate law can’t prevent committees from having derivative standing.
November 22, 2024
At least in New York, proceedings on a confession of judgment are neither a ‘claim’ nor a ‘cause of action’ and can’t be removed under 28 U.S.C. § 1452(a).
November 12, 2024
When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
November 8, 2024
A per curiam decision from the Seventh Circuit raises the question of whether Truck Insurance overruled ‘person aggrieved’ sub silentio.