In a recent decision, the United States Court of Appeals for the Eleventh Circuit confirmed its previous adoption of the “majority view” that non-consensual, third-party releases are permissible under certain circumstances.
On March 3, 2015, the Eighth Circuit issued an opinion holding—consistent with past Eighth Circuit precedent—that an order denying plan confirmation does not constitute a final order that may be appealed without leave of the court. The opinion was not only a harsh reality-check for the debtor, but a reminder of the circuit split that […]
The United States Bankruptcy Court for the Southern District of Texas in In re Waco Town Square Partners, L.P., et al. considered whether it had the authority to order a non-debtor to dismiss a state court lawsuit against a third party. Finding that “when you snooze, you lose,” the bankruptcy court held that although it did not necessarily […]
“…to be my student, you must develop a taste for victory.” Pai Mei, Kill Bill The votes are in, Weil Bankruptcy Blog readers have decided. The ABI Commission to Study the Reform of Chapter 11’s proposed market rate on secured creditor cramdown in its Final Report and Recommendations has prevailed over all other competing proposals […]
Overview This case is an unusual example of an LMA “standard” debt trade leading to litigation in the UK Supreme Court and demonstrates that standardised terms are by no means immune to dispute, despite their frequent use. It is also an interesting example of the judiciary taking into account the practical implications in the specific […]
Trying to discharge your personal debts? Well, here is a new method: in In re Hoover, the Bankruptcy Court for the Northern District of California ruled that a debtor’s death, under appropriate circumstances, is grounds for the debtor to discharge remaining debts owed to unsecured creditors, even though the debtor has not completed the payments […]
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