June 5, 2025
3rd Circuit , Delaware ,
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.
June 4, 2025
To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’
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.
June 2, 2025
A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.
May 30, 2025
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.
May 29, 2025
Courts are divided on whether automatic stay termination in Section 362(c)(3) applies to property of the debtor’s estate.
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.