June 11, 2025
U.S. subsidiaries of a Canadian parent were under the control of a Canadian receiver, switching COMI from the U.S. to Canada.
June 6, 2025
Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’
June 5, 2025
When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit , Delaware ,
June 3, 2025
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
May 28, 2025
Another bankruptcy court in New York holds that the ability to opt out of nondebtor releases represents consent after Purdue.
May 27, 2025
Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.
May 23, 2025
Bankruptcy courts in New York and Delaware believe that Purdue did not change the law and that nondebtor releases and exculpations are still permissible in chapter 15 cases.
May 22, 2025
Judge Meredith Grabill of New Orleans agreed with New York’s Judge Mastando that a Subchapter V plan can enjoin lawsuits against nondebtors for the life of a three-year plan.
May 20, 2025
The circuit courts are diverging on the utility of equitable mootness to avoid reversing confirmation of chapter 11 plans.
May 19, 2025
Holding $1.4 billion in escrow did not preclude invocation of equitable mootness, Third Circuit majority says.