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Bankruptcy – Refusal to Lift Automatic Stay – Reorganization Effort
The bankruptcy court did not abuse its discretion in refusing to lift the automatic stay because DBMP’s Chapter 11 filing to pursue a §524(g) asbestos trust was a legitimate, non–bad-faith […]
Court upholds asbestos trust funding and good faith in reorganization plan
The 4th U.S. Circuit Court of Appeals affirmed the approval of a Chapter 11 reorganization plan for two debtor companies, finding no reversible error in the U.S. District Court for […]
Supreme Court rejects Alex Jones’ Sandy Hook appeal
The U.S. Supreme Court declined Alex Jones’ appeal, letting stand a $1.4B judgment over Sandy Hook hoax claims. Bankruptcy, defamation issues continue.
Bankruptcy – Chapter 11 Reorganization Plan – 11 U.S.C. § 524(g) Requirements
We found no reversible error in either of the district court’s conclusions: that the Chapter 11 reorganization plan was proposed in good faith, and that it satisfies § 524(g)’s various […]
Bankruptcy – Chapter 13 Bankruptcy Plan – ‘Non-Exempt’ Property
The sale of the debtor’s residence without first obtaining an order from the bankruptcy court violated the Chapter 13 bankruptcy plan. We affirmed in part, vacated in part, and remanded […]
Court remands Chapter 13 case but leaves counsel sanction intact
The 4th U.S. Circuit Court of Appeals has ruled that plaintiff’s unapproved sale of her home breached a confirmed Chapter 13 plan because the plan expressly incorporated a local rule requiring […]
Bankruptcy – Chapter 13 Bankruptcy Plan – Homestead Exemption
The court did not err in holding that the sale of Appellant’s residence violated her Chapter 13 bankruptcy plan. We reversed in part, vacated in part, and remanded. Christine Sugar […]
SCOTUS refines trustee’s power to claw back tax payments
In a case involving a bankruptcy trustee’s §544(b) action to claw back $145,000 shareholders in a failed Utah company misappropriated to pay their personal tax liabilities, Bankruptcy Code §106(a)’s sovereign-immunity […]
Bankruptcy – Default Judgment – Discovery Sanction
The bankruptcy court did not abuse its discretion in imposing default judgment. We affirmed the district court’s judgment affirming the bankruptcy court’s entry of default judgment against Appellants and awarding […]
How understanding cognitive biases can lead to a more just legal system
By Dr. Gleb Tsipursky Lawyers strive for fairness and justice in every case they handle. However, behavioral science research shows that human reasoning in legal contexts is inherently flawed and […]
Bankruptcy – Bankruptcy Code – Bankruptcy Plan’s Vesting Provision
The bankruptcy court cannot reject a plan’s vesting provision other than for reasons allowed by the Bankruptcy Code. We reversed the district court’s order and remanded for further proceedings. Sheila […]
Ruling sparks interest, debate among bankruptcy bar
The U.S. Supreme Court's decision in the Purdue Pharma bankruptcy has led to diverse reactions from lawyers in that field, highlighting uncertainties in third-party liability releases and potential impacts on bankruptcy practices, particularly in mass tort cases.
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