February 23, 2022
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
3rd Circuit , Delaware ,
February 18, 2022
To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.
February 17, 2022
A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.
February 16, 2022
Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.
February 9, 2022
Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.
3rd Circuit , Delaware ,
February 8, 2022
The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’
February 7, 2022
Hounding a debtor for payment and shortening credit terms defeated an ‘ordinary course’ defense to a preference.
February 4, 2022
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.
January 26, 2022
Decisions by the U.S. Trustee are subject to judicial review, Judge Kaplan says.
January 24, 2022
The U.S. Trustee is not the better or the only party to uphold the integrity of the bankruptcy court, the Second Circuit holds.