5th Circuit Court’s Interpretation Continues to Moot 363 Appeals

Admin on November 25, 2022 Posted in Bankruptcy Law, Blog

Recent decisions from the United States Court of Appeals for the Fifth Circuit and the corresponding lower bankruptcy courts have highlighted the Circuit’s expansive interpretation of the Bankruptcy Code’s Section 363(m), which guards bankruptcy sales. Hence, the sales are not subsequently overturned on appeal.  In a September opinion in the case of In re Royal, the District […]

Growing Split Among Circuit Courts About Exculpation Under Chapter 11

Admin on November 18, 2022 Posted in Bankruptcy Law, Blog

Countless Chapter 11 reorganization plans include provisions acknowledging the release of claims connected to stakeholders in bankruptcy cases. Excluded from this, however, are claims that allege various types of misconduct like bad faith, gross negligence, or fraud. These exculpatory statements are a valuable tool in motivating parties to play a role in bankruptcy cases without […]

Fifth Circuit Issues “Solvent-Debtor Exemption” Ruling

Admin on November 11, 2022 Posted in Bankruptcy Law, Blog

Bankruptcy courts throughout the country are in disagreement about whether “make-whole” premiums that become effective as a result of a bankruptcy petition should be refused as interest that is unmatured. Additionally, bankruptcy courts are in disagreement about whether the exception for “solvent-debtors” that requires the payment of interest after bankruptcy petition to unimpaired unsecured creditors survives following […]

Non-Consensual Releases of Third Parties Approved by Bankruptcy Court

Admin on March 30, 2022 Posted in Bankruptcy Law, Bankruptcy News, Blog

In February 2020, as one of several decisions concerning third-party releases (TPRs), a bankruptcy court judge confirmed a reorganization plan and its associated debtor entities which include third-party releases. As part of the plan’s confirmation, the judge noted recent decisions that introduced concerns involving a court’s authority in approving non-consensual (NC) TPRs but applied Third […]

Appellate Court Consider Statute of Limitations Following Bankruptcy Discharge

Admin on March 16, 2022 Posted in Bankruptcy Law, Blog

In January 2022, a Washington appellate court reaffirmed a regulation connected to real estate foreclosures and the statute of limitations following a discharge of bankruptcy. The regulation is that a bankruptcy court does not automatically raise the six-year statute of limitations associated with trust foreclosure. The outcome of this case is important because Washington state […]

Federal Circuit Court Rules Some Student Loans Can be Discharged in Bankruptcy

Admin on December 9, 2021 Posted in Bankruptcy Law, Blog, Chapter 7 Bankruptcy

In the recent circuit court case of Homaidan v. Sallie Mae, Inc., a federal circuit court held that a ruling by a New York bankruptcy court that private loans to pay for college education are not exempt from being discharged under the Bankruptcy Code’s Section 523. This section of the Bankruptcy Code excludes from discharge […]

Delaware Court Considers Rejection of Executory Contracts by Debtors During Bankruptcy

Admin on November 23, 2021 Posted in Bankruptcy Law, Blog

If a debtor declines a contract in a bankruptcy case, the non debtor can be impacted in several ways. In 2019, the Supreme Court heard the Mission Products case, which attempted to settle a split among circuit courts regarding the impact of rejecting a contract under the Bankruptcy Code’s Section 365.  This case required the […]

Maryland Court Questions When Debts are Incurred 

Admin on November 9, 2021 Posted in Bankruptcy Law, Blog

Pursuing Chapter 11 bankruptcy can prove to be an advantageous and appealing option for individuals as well as companies faced with a large amount of financial liabilities. Filing for Chapter 11 bankruptcy both results in the placement of a bar on any pending legal action against a company and provides businesses with the chance to […]

Eighth Circuit Addresses Interlocutory Order Appeals to Preserve Appellate Review Right

Admin on October 30, 2021 Posted in Bankruptcy Law, Blog

A federal district court recently issued an important and likely to be an influential decision that addressed equitable mootness during the appeal of bankruptcy cases. In the FishDish case, the Eight Circuit held that even though the issue of equitable mootness existed, the court additionally found that the question of if an order is interlocutory […]

Third Circuit Holds Pre-Effective and Post-Confirmation Date “Claims” Can be Discharged in Bankruptcy

Admin on October 15, 2021 Posted in Bankruptcy Law, Bankruptcy News, Blog

Toward the end of 2021, a federal circuit court found for the first time that claims that became connected to a debtor’s case after a Chapter 11 plan was confirmed but before the plan’s effective date was subject to discharge. This holding urges extra caution from all creditors and counterparties of a Chapter 11 case […]