Retaining Jurisdiction Doesn’t Ensure Subject Matter Jurisdiction After Confirmation
Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.
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Opposing Relief, a Creditor Isn’t Required to Show Constitutional Standing
Delaware’s Bankruptcy Judge Goldblatt explains why the Supreme Court’s Truck Insurance opinion says nothing about Article III constitutional standing.
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There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders
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.
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The ‘Dissent’ in Boy Scouts Favored Using Equitable Mootness to Uphold Nondebtor Releases
The circuit courts are diverging on the utility of equitable mootness to avoid reversing confirmation of chapter 11 plans.
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As to Appealing Insurers, the Boy Scouts Plan Was Not Equitably Moot
Holding $1.4 billion in escrow did not preclude invocation of equitable mootness, Third Circuit majority says.
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Third Circuit Upholds Boy Scouts’ Nonconsensual Releases, Purdue Notwithstanding
The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).
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Third Circuit Holds: Magistrate Judges May Issue Final Orders on Bankruptcy Appeals
The Third Circuit splits from Seventh and Tenth Circuit opinions dating from 1987 and 1990.
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Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint
The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.
Debtors’ Lawyer Has No 7th Amendment Right to Sue for Post-Petition Fees, Circuit Says
The debtors’ inequitable conduct didn’t relieve counsel of the duty to disclose fees charged for post-petition litigation.
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Section 107 Governs Sealing of Court Documents, Not Common Law, Third Circuit Says
Section 107 more broadly protects trade secrets and confidential information than does common law.
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