Secured Transactions in Bankruptcy
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Fifth Circuit Explains When There Is No Double Recovery from Avoiding a Lien
Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’
Court:
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.
Court:
Like 18th Century England, There’s No Jury Trial Right for Stay Violations
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.
Inside ABI June 2025
Journal Issue:
Opting Out Is Consent for Nondebtor Chapter 11 Releases, New York Judge Says
Another bankruptcy court in New York holds that the ability to opt out of nondebtor releases represents consent after Purdue.
Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution
Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.
After Purdue, Two Courts Still Permit Broad Nonconsensual Releases in ‘15’
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.