Weil

Restructuring

Jurisdiction & Appeals

International, Jurisdiction & Appeals, Litigation Issues, Setoffs

A Foreign Entity May be Subject to U.S. Bankruptcy Court Jurisdiction Simply by Utilizing a U.S. Bank Account in a Transaction with Another Foreign Entity

Contributor(s)

Ronit J.
Berkovich

Furqaan
Siddiqui

Case Overviews, Constitutional Law, Fees, Jurisdiction & Appeals, News, What We're Watching

Supreme Court Resolves Split on U.S. Trustee Fees

Contributor(s)

Chapter 13, Automatic Stay, Avoidance Actions, Breaking the Code, Case Overviews, Chapter 11 Trustees & Examiners, Jurisdiction & Appeals, Litigation Issues, Property of the Estate, Secured Claims, What We're Watching

Courts Begin to Wrestle with the Impact of City of Chicago, Illinois v. Fulton on a Debtor’s Ability to Recover Estate Property

Contributor(s)

Jennifer Brooks
Crozier

Assumption & Rejection, Automatic Stay, Chapter 11 Plans, Chapter 15, Cramdown, DIP Financing, Executory Contracts & Unexpired Leases, Financing, International, Jurisdiction & Appeals, Out-of-Court Restructuring, Pre-Filing Considerations, What We're Watching

Aviation Chapter 11 Cases Take Flight

Contributor(s)

Case Overviews, Jurisdiction & Appeals, Pre-Filing Considerations

Far and Wide: Bankruptcy Court’s Expansive Definition of “Property” Under Section 109(a)

Contributor(s)

Automatic Stay, Chapter 11 Plans, Jurisdiction & Appeals, Litigation Issues, Pre-Filing Considerations, Releases & Exculpations, Rules & Procedures, Third Party Claims, What We're Watching

Will We Have New Rules for Corporate Bankruptcies? Recently Proposed Legislation That Could Reform Chapter 11 Practice

Contributor(s)

Furqaan
Siddiqui

Breaking the Code, Case Overviews, Chapter 11 Plans, Claims, Jurisdiction & Appeals, Post-Confirmation Issues, Rules & Procedures

Yeah, We Can Take It – Texas Bankruptcy Court Defines the Scope of Its Post-Confirmation Jurisdiction

Contributor(s)

Avoidance Actions, Case Overviews, Constitutional Law, Jurisdiction & Appeals, Litigation Issues, Property of the Estate

Fraudulent Transfer Claims Avoid State Sovereign Immunity, But Only If a Property Interest Exists Under State Law

Contributor(s)

Ronit J.
Berkovich

Automatic Stay, Case Overviews, Jurisdiction & Appeals, Rules & Procedures

Denial of Stay Relief is a Final Order, Says the U.S. Supreme Court

Contributor(s)

Ronit J.
Berkovich

Jurisdiction & Appeals, Releases & Exculpations, Stern Files

Just “Released” by the Third Circuit: In re Millennium Lab Holdings II Key Takeaways

Contributor(s)

Ronit J.
Berkovich

Financial Markets, Jurisdiction & Appeals, Litigation Issues, What We're Watching

A Momentous Rejection: United States Supreme Court Declines to Review Second Circuit’s Momentive Make-Whole Opinion

Contributor(s)

David
Griffiths

Case Overviews, Due Process Concerns, International, Jurisdiction & Appeals, Litigation Issues, Stern Files

In Advance Watch, SDNY Bankruptcy Court Offers How-To Guide on Serving Process on Foreign Defendants and Applies Broad Implied Consent Standard under Stern and Wellness

Contributor(s)

Ronit J.
Berkovich

Jurisdiction & Appeals

Are Attendance and Objection in Bankruptcy Court Prerequisites for Appellate Standing?

Jurisdiction & Appeals

Momentive Court Declines to Dismiss Creditors’ Appeals as Equitably Moot

Contributor(s)

David
Griffiths

363 Sales, Chapter 11 Plans, Distressed Debt Funds, Jurisdiction & Appeals, Post-Confirmation Issues

The Cloak of Good Faith: Protecting Bankruptcy Sales from Appellate Review

Jurisdiction & Appeals, Litigation Issues

Eleventh Circuit Agrees with Seventh Circuit that an Unauthorized Bankruptcy Court Order Is Not a “Judgment, Order, or Decree” for Purposes of 28 U.S.C. § 158(d)(2)(A)

Jurisdiction & Appeals

Back to Square One … Eighth Circuit Bankruptcy Appellate Panel Reverses Motion to Dismiss Bankruptcy Case Based on Reversal of Three Year Old Ruling

Jurisdiction & Appeals, Professionals, Rules & Procedures

First Circuit Affirms Sanctions Order From Massachusetts Bankruptcy Court Requiring Bankruptcy Attorney to Return to Law School For Ethics Class

Chapter 7 Trustees, Jurisdiction & Appeals, Professionals

Not So Fast: Sixth Circuit Dismisses Appeal of Bankruptcy Court Order Denying Approval of Proposed Settlement Agreement For Lack of Jurisdiction

Contributor(s)

Jurisdiction & Appeals

Court Refuses to Apply “Divestiture Doctrine” in Denying Creditors’ Committee Stay Pending Appeal

Financing, Jurisdiction & Appeals

The Marblegate Oral Argument in the Second Circuit Court of Appeals

Jurisdiction & Appeals

What Are You Doing in This Court? SDNY Bankruptcy Court Transfers Post-Confirmation, State Law Dispute with Non-Debtors Back to the “Home” Bankruptcy Court

Jurisdiction & Appeals

Toto, We Are Staying in Kansas: Bankruptcy Court Declines to Transfer Related Case to Delaware

Dismissal, Jurisdiction & Appeals, Pre-Filing Considerations

Lake Michigan Part II: Bad Faith Analysis

Jurisdiction & Appeals, Litigation Issues, Stern Files

Wellness International Network v. Sharif: An In-Depth Review

Contributor(s)

Ronit J.
Berkovich

Jurisdiction & Appeals

Ninth Circuit Reminds Us of Limits to Bankruptcy Jurisdiction

Avoidance Actions, Jurisdiction & Appeals

Asserting Personal Jurisdiction Over Foreign Banks

Constitutional Law, Government, Jurisdiction & Appeals

Justice Scalia, Remembered

363 Sales, Involuntary Petitions, Jurisdiction & Appeals

Southern District Bankruptcy Court Dismisses for Cause Involuntary Bankruptcy Filed By Single Creditor for Purpose of Enforcing a Debt in a Two-Party Dispute

Jurisdiction & Appeals

Can a Debtor Appeal Confirmation of its own Plan? The Eighth Circuit Applies the Person-Aggrieved Doctrine

Jurisdiction & Appeals

Bankruptcy Court Rules Parties Lack Standing, Reminds Litigants of the Parameters of §1109(b)

Chapter 9, Government, Jurisdiction & Appeals

Post-Confirmation Powers: EDNY Bankruptcy Court Orders Government Entities to Act in In re Suffolk Regional Off-Track Betting Corporation

Jurisdiction & Appeals, What We're Watching

Supreme Court Grants Cert to Consider Actual Fraud Bar in Section 523(a)(2)(A)

Jurisdiction & Appeals, Litigation Issues, Stern Files

Be Careful — You Might Consent to Adjudication in Bankruptcy Court Even If You’ve Expressly Said You Don’t

Jurisdiction & Appeals, Stern Files

Judge Joseph Irenas and Appellate Review of Bankruptcy Decisions – a Snapshot of a Lasting Legacy

Jurisdiction & Appeals

The Seasons May Change, But the Law is Staying the Same: Ninth Circuit’s Superseding Decision Simply Restates Prior Decision

Jurisdiction & Appeals

Ninth Circuit on Finality: “It ain’t over ’til it’s over”

Holiday Posts, Constitutional Law, Jurisdiction & Appeals, Stern Files

Some Rosh Hashanah Reflections on the Talmud, Wellness, and the High Court

363 Sales, Executory Contracts & Unexpired Leases, Involuntary Petitions, Jurisdiction & Appeals, Lookback Period, Property of the Estate, Real Estate, Subordination & Recharacterization, Subrogation

Lookback Period: Eight Weeks (Part 2)

Jurisdiction & Appeals

Equitable Mootness on Life Support: The Third Circuit Further Pares Back the Abstention Doctrine in One2One Communications

Jurisdiction & Appeals

A Word from the Ninth Circuit: Substantial Consummation is Not the Final Word!

Avoidance Actions, Chapter 11 Plans, Claims, Executory Contracts & Unexpired Leases, Financing, Jurisdiction & Appeals, Litigation Issues, Lookback Period, News, Professionals, Real Estate, Rules & Procedures, Subordination & Recharacterization

Lookback Period: Two Weeks

Jurisdiction & Appeals, Professionals

Supreme Court Holds Professionals Are Not Entitled to Fees for Defending Fee Applications

Jurisdiction & Appeals, Professionals

BREAKING NEWS: Professionals Are Not Entitled to Fees for Defending Fee Apps

Claims, Jurisdiction & Appeals, Secured Claims

SCOTUS Rules that Completely Underwater Liens Ride Through, At Least in a Chapter 7 Case

Claims, Jurisdiction & Appeals, Secured Claims

Breaking News: SCOTUS Rules That Liens Ride Through, At Least in a Chapter 7 Case.

Jurisdiction & Appeals, Stern Files

Well Well Wellness: The Supreme Court’s Most Recent Decision Regarding Stern v. Marshall and its Progeny

Jurisdiction & Appeals, Stern Files

BREAKING NEWS: Some Guidance from SCOTUS on Stern v. Marshall! (And What You Really Need to Know)

Chapter 11 Plans, Jurisdiction & Appeals

The Supreme Court Rigidly Applies the Rules of “Flexible Finality” in Bullard v. Blue Hills Bank

Holiday Posts, Humor, Jurisdiction & Appeals

Happy Mothers Day From the Weil Bankruptcy Blog

Jurisdiction & Appeals

More on Stern: What Does “De Novo Review” Mean?

Chapter 11 Plans, Jurisdiction & Appeals

Changes to “Flexible Finality”? Civic Partners and the Supreme Court Oral Argument in Bullard

Claims, Jurisdiction & Appeals, Rules & Procedures

Can a Bankruptcy Court Order a Non-Debtor to Dismiss a State Court Lawsuit Against a Third Party? It Depends on the Nature of the Claim—and How Long the Non-Debtor Waits to Object

Jurisdiction & Appeals

“Life is Full of Tough Choices”: Sixth Circuit Considers Interplay Between Change of Venue and Choice of Law Rules

Jurisdiction & Appeals

Wrong Place, Wrong Time: Beware the Statute of Limitations!

Jurisdiction & Appeals

Can I Borrow Your Cause of Action for a Minute? Derivative Standing in the Seventh Circuit

Jurisdiction & Appeals, Stern Files

Thoughts on a New Age of Consent: What Does Consent Mean with Respect to Stern Claims?

Jurisdiction & Appeals

#Hashtag: Thinking of Starting Your Own Marijuana Business?

Automatic Stay, Avoidance Actions, Jurisdiction & Appeals

R-E-C-O-V-E-R: Find Out What It Means to the Third Circuit

Jurisdiction & Appeals, Rules & Procedures

Dear Court: Please Forgive Me, But I Need a Continuance of My Trial Due to Yom Kippur

Jurisdiction & Appeals, Stern Files

Back to School: Circuit Courts Provide “Cheat-Sheet” on Stern Consent Issues in Advance of the Supreme Court’s Consideration of Wellness Int’l Network v. Sharif

Executory Contracts & Unexpired Leases, Jurisdiction & Appeals

What’s the Difference Between a Contested Matter and an Adversary Proceeding Anyway?

Jurisdiction & Appeals

Flexibility on Finality: Over Dissent, First Circuit Splits from Majority in Holding That Orders Denying Relief from Stay Are Not Always Final

Jurisdiction & Appeals, Stern Files

The Ninth Circuit Waits for No One

Jurisdiction & Appeals, Professionals

Can You Keep a Secret? Can the Bankruptcy Court? Bankruptcy Courts Must Adequately Demonstrate the Basis for Sealing Proceedings from the Public, Media

Claims, Involuntary Petitions, Jurisdiction & Appeals

A Dispute Over a Dispute: Recent Bankruptcy Court Decision Dismisses Involuntary Chapter 7 Petition Due to Bona Fide Disputes

Contributor(s)

Jurisdiction & Appeals

Code vs. Contract: Fifth Circuit holds that Section 506(b) Governs Recovery of Proceeds from a Foreclosure Sale After the Automatic Stay Has Been Lifted

Jurisdiction & Appeals, Stern Files

The Stern Files: Uncertainty Abounds Regarding Consent to Bankruptcy Court Adjudication

Constitutional Law, Jurisdiction & Appeals, Property of the Estate, Stern Files, What We're Watching

“Thank You, SCOTUS; It’s About Time!”: Supreme Court Grants Cert to Decide Meaningful Stern v. Marshall Questions

Jurisdiction & Appeals, Stern Files

Breaking News: Unanimous Supreme Court Closes Statutory Gap, Leaves Other “Core” Stern Questions For Another Day (Executive Benefits Insurance Agency v. Arkison)

Jurisdiction & Appeals

Wave Goodbye to Bankruptcy Waivers? (Court Rules LLC’s Prepetition Waiver of Bankruptcy Protection Contrary to Public Policy)

Case Overviews, Constitutional Law, Jurisdiction & Appeals, Pre-Filing Considerations

Wisconsin Bankruptcy Court Says “I Do” to Same-Sex Spouses’ Bankruptcy Petition

Claims, Jurisdiction & Appeals

On Having Standing to Object to a Bankruptcy Settlement, the Seventh Circuit Holds that Money Isn’t Everything

Jurisdiction & Appeals

Judicial Estoppel, or Why You Can’t Talk Outside Both Sides of Your Mouth in Court

Chapter 11 Plans, Jurisdiction & Appeals

Open and Shut: Southern District Upholds Denial of Trustee’s Motion to Reopen Case

Cryptocurrency Issues, Chapter 15, Financial Markets, International, Jurisdiction & Appeals, Pre-Filing Considerations

Foreign Bitcoin Exchanges and Chapter 15

Jurisdiction & Appeals

The Supreme Court Says, “No Need to Spare the Rod, but Don’t Spoil the Fraudulent Debtor’s Exemptions Either”

Avoidance Actions, Claims, Jurisdiction & Appeals

Distributions to Cash Out Shareholders of Target Company in an LBO are Subject to Fraudulent Transfer Lawsuits in State Court

Jurisdiction & Appeals

Divorce and Bankruptcy May Give Spouse a Fresh Start But Not a Second Bite at the Apple

363 Sales, Jurisdiction & Appeals

Shoulda Coulda Woulda: Would-Be Bidders Lack Standing to Challenge the Result of an Auction in Bankruptcy

Jurisdiction & Appeals, Stern Files, What We're Watching

Are You There, Chief Justice Roberts? It’s Us, the Bankruptcy Courts

363 Sales, Jurisdiction & Appeals, Pre-Filing Considerations, Valuation

Calling a Spade a Spade: Judge Refuses to Issue a Stay Pending Appeal of 363 Sale “on the Basis of Smoke and Mirrors”

Automatic Stay, Jurisdiction & Appeals

No Leg to Stand On: Section 362(k) of the Bankruptcy Code is No Exception to Standing Requirements

Arbitration, Jurisdiction & Appeals

In the Third Circuit, Not Even Copperfield Could Create an Agreement to Arbitrate Out of Thin Air

Case Overviews, Jurisdiction & Appeals

The Curious Case of Authority to File a Bankruptcy Petition

Chapter 11 Plans, Jurisdiction & Appeals, Mass Torts, Stern Files

Don’t Invoke the Ghost of Anna Nicole Lightly: Ninth Circuit Summarily Rejects Undeveloped Challenge to Bankruptcy Courts’ Constitutional Authority

Jurisdiction & Appeals, Stern Files

Stern Files: Fifth Circuit Finally Weighs In and Holds Consent Cannot Cure Bankruptcy Court’s Lack of Constitutional Authority

Contributor(s)

Jurisdiction & Appeals

Forget Partying Like It’s 1999; the Ninth Circuit Wants to Adjudicate Like It’s 1998

Jurisdiction & Appeals, Stern Files

Stern Files: “No Subject Matter Jurisdiction for You” — Fifth Circuit Questions Bankruptcy Courts’ Jurisdiction Over Certain “Core” Matters…Maybe?

Chapter 11 Plans, Cramdown, Jurisdiction & Appeals

Circuit Split Watch: When (and Where) an Order Denying Confirmation is Final – and When (and Where) It’s Not

Jurisdiction & Appeals, Stern Files

Stern Files: Seventh Circuit Sides with Sixth Circuit in Holding that Consent Does Not Cure Bankruptcy Courts’ Lack of Final Constitutional Authority

Jurisdiction & Appeals, Stern Files

Cash Flow vs. Balance Sheet Insolvency in Chapter 11: Who Cares? Insolvency Is Not a Prerequisite to a Voluntary Chapter 11 Filing in the Ninth Circuit

Chapter 11 Plans, Jurisdiction & Appeals

Third Circuit Affirms Finding that Debtor’s Co-Defendant Lacked Standing to Object to Plan

Jurisdiction & Appeals

Better Never Than Late: The Limitations of Bankruptcy Rule 8002(a)’s “Relate Forward” Provision

Jurisdiction & Appeals, SIPA Proceedings

Second Circuit: SIPA Trustee’s Attempt to Bring Claims Against Financial Institutions Fails Because He Stands in the Shoes of Madoff and Not Madoff’s Customers

Contributor(s)

Andriana
Georgallas

Jurisdiction & Appeals, Stern Files

Stern Files: Back to the Supreme Court!

Chapter 11 Plans, Claims, Cramdown, Jurisdiction & Appeals

Absolute Priority Absolutely Applies . . . In This Case

Automatic Stay, Avoidance Actions, Jurisdiction & Appeals, Tax Issues

A Majestic Reversal: Third Circuit Holds Tax Status Is Not Estate Property; Revocation Cannot Be Avoided

Involuntary Petitions, Jurisdiction & Appeals

Why Pasta Cooking Techniques Should Not Be Used in Litigation

Dismissal, Case Overviews, Jurisdiction & Appeals

Summer Saga: Bankruptcy Court Construes Operating Agreement to Determine Chapter 11 Filing Authority

Automatic Stay, Jurisdiction & Appeals

Investing in an Appeal: The Dilemma Facing an Appellant of Confirmation Orders

Jurisdiction & Appeals

Supremely Moot: SCOTUS Denies Challenge to Equitable Mootness Doctrine and Second Circuit’s Charter Communications Decision

Chapter 11 Plans, Cramdown, Jurisdiction & Appeals

Seventh Circuit Holds That Absolute Priority Rule Is Still…Absolute

Avoidance Actions, Jurisdiction & Appeals, Stern Files

Stern Files: Back to the Supreme Court?

Jurisdiction & Appeals

Access Granted: Delaware District Court Rules that Public Has a Presumptive Right of Access to 2019 Statements

Claims, Jurisdiction & Appeals

I’m Not a Creditor – Get Me Outta’ Here!! Reflections on Bankruptcy Rule 3006 and Claim Withdrawal in Bankruptcy Cases

Cramdown, Jurisdiction & Appeals

Jumpin’ Donuts: Bankruptcy Settlements and the Gifting and Equitable Mootness Doctrines

Jurisdiction & Appeals, Stern Files

The Stern Files (Seventh Edition)

Avoidance Actions, Jurisdiction & Appeals, Stern Files

Stern Files: The Circuit that Originally Gave Us Stern Creates the First Stern Circuit Split

Avoidance Actions, Jurisdiction & Appeals, Stern Files

Ninth Circuit Weighs In On Stern v. Marshall and Fraudulent Transfer Actions OR Stern v. Marshall (Yet Again): Are We All Just Making a Mountain Out of a Mole Hill?

Claims, Jurisdiction & Appeals, Post-Confirmation Issues

Exploring the Limits of a Chapter 11 Discharge: Can Pre-Bankruptcy Conduct Serve as the Basis for Calculating Damages on a Post-Bankruptcy Claim?

Jurisdiction & Appeals

Once Moot, Always Moot – Second Circuit Adopts Deferential Abuse of Discretion Standard of Review for Equitable Mootness Appeals

Jurisdiction & Appeals, Substantial Contribution

Unsuccessful Bidders May Have Standing to Seek Substantial Contribution Administrative Expenses, but Indirect Contributions Are Not Sufficient

Avoidance Actions, Jurisdiction & Appeals, Stern Files

Sixth Circuit First Court of Appeals to Address Fraudulent Transfers in Light of Stern

Jurisdiction & Appeals, Stern Files

Don’t Break the Cycle – Stern Causes Court to Withdraw Reference, Refer to Magistrate Judge for Report and Recommendation

Dismissal, Automatic Stay, Jurisdiction & Appeals, Pre-Filing Considerations

Hotel Whose Chapter 11 Case Was Filed in Bad Faith Can “Stay” in Bankruptcy – Part II

Corporate Governance & Fiduciary Duties, Jurisdiction & Appeals

The Creditor of My Affiliate Is…Not my Creditor

Dismissal, Automatic Stay, Jurisdiction & Appeals, Pre-Filing Considerations

Hotel Whose Chapter 11 Case Was Filed in Bad Faith Can “Stay” in Bankruptcy – Part I

DIP Financing, Jurisdiction & Appeals, Professionals

Trouble in Paradise: Professional Fee Cap in DIP Carve-Out Held Enforceable in Caribbean Luxury Resort Case, Much to Professionals’ Distress

Contributor(s)

David
Griffiths

Jurisdiction & Appeals

Appeal-Proof: Court of Appeals Jurisdiction Over Orders Concerning Stays Pending Appeal

Jurisdiction & Appeals, Stern Files

Judicial Conference Proposes Amended Bankruptcy Rules In Response To Stern

Jurisdiction & Appeals, Throwback Thursday

Continental Airlines and Equitable Mootness: Appeals that Never Make It Off the Ground

Chapter 11 Plans, Jurisdiction & Appeals

Stop the Presses! Third Circuit Revisits Equitable Mootness in Philadelphia Newspapers Case

Avoidance Actions, Jurisdiction & Appeals, Litigation Issues, Stern Files

A Scatological Analysis of Bankruptcy Court Jurisdiction and Authority After Stern v. Marshall

Arbitration, Jurisdiction & Appeals

Second Circuit's Regard of the "Manifest Disregard" Standard

Claims, Jurisdiction & Appeals

Creditor Who Waited to File Late Proof of Claim Learns It Can’t Rush Through the Appeals Process: Delaware District Court Denies Leave for an Interlocutory Appeal

Jurisdiction & Appeals, Stern Files

Stern: One Year Later

Avoidance Actions, Jurisdiction & Appeals

TOUSA’s Transeastern Lenders File Petition for Rehearing En Banc in Eleventh Circuit

Jurisdiction & Appeals, Stern Files

The Stern Files (sixth edition)

Chapter 11 Plans, Insurance, Jurisdiction & Appeals, Mass Torts

Federal Law Trumps: Third Circuit Reaffirms that Section 1123(a)(5)(B) of the Bankruptcy Code Preempts Anti-Assignment Provisions in Insurance Policies

Contributor(s)

Avoidance Actions, Jurisdiction & Appeals

Southern District Stern Review: Rakoff Rules that Fraudulent Transfer Actions Belong in Bankruptcy Court, But Only for Reports and Recommendations

Chapter 15, Jurisdiction & Appeals

Chapter 15 Offers Safe Harbor But Not Complete Refuge From Foreign Court Rulings

Executory Contracts & Unexpired Leases, Jurisdiction & Appeals, Stern Files

Contract Claims Not Necessarily an Ace for Parties Challenging Bankruptcy Court Jurisdiction Under Stern

Jurisdiction & Appeals

Second Circuit Holds that Parmalat Litigation Won’t Spoil in State Court Despite Potential Delay

Avoidance Actions, Jurisdiction & Appeals

Making Tough Choices: Fifth Circuit Allows Debtor to Bring Avoidance Action After Creditors Have Already Been Paid and Issues Decision on “Applicable Law”

Claims, Jurisdiction & Appeals, Post-Confirmation Issues

Continuing Uncertainty About Continuing Claims

Jurisdiction & Appeals, Professionals

The Decision Might Not Be “In Vogue,” But You Still Can’t Issue Criminal Contempt in the Fifth Circuit

Jurisdiction & Appeals, Stern Files

Fifth Circuit Weighs in on Stern’s Effects on Magistrate Judges’ Authority to Enter Final Judgments on State Law Counterclaims

Chapter 15, Jurisdiction & Appeals

Bankruptcy Court Remains the Port of Call – Breach of Contract Claims Remain in Shipping Debtor’s Case

Insurance, Jurisdiction & Appeals, Mass Torts

Other People’s Money – Revisited (Or, When Do Insurers Have Standing to Challenge a Bankruptcy Plan?)

Jurisdiction & Appeals

Legal Mirage: Seventh Circuit Dismisses Appeal of Final Order upon Finding No Final Order to Review

Jurisdiction & Appeals, Stern Files

Southern District of New York Takes a Stand on Stern

Jurisdiction & Appeals, Stern Files

The Stern Files (fifth edition)

Jurisdiction & Appeals

The Seventh Circuit Rules the “Nullity Rule”—A Business Attorney’s Best Friend—Is Discretionary and Not Jurisdictional

Automatic Stay, Claims, Financing, Jurisdiction & Appeals, Pre-Filing Considerations, Secured Claims

Aggressive Creditors: Go Overboard, And You May Find Yourself Walking the Plank

Dismissal, Jurisdiction & Appeals

Single-Asset Entities Beware: Bankruptcy Court Dismisses Chapter 11 Petition Filed By Single Asset Limited Liability Company

Jurisdiction & Appeals, Stern Files

The Stern Files (fourth edition)

Claims, Jurisdiction & Appeals

Don’t Take It Personally: Navigating Derivative Suits Granted to a Liquidating Trustee

Avoidance Actions, Jurisdiction & Appeals

Back to Bankruptcy Court: District Court Denies Motion to Withdraw the Reference Even Though It Finds that Bankruptcy Court Lacked Authority to Finally Decide Claims

Jurisdiction & Appeals, Stern Files

The Stern Files (third edition)

Chapter 7 Trustees, Corporate Governance & Fiduciary Duties, Jurisdiction & Appeals

Haunted Houses, Headless Pregnant Women, and Immortal Evil Zombies: A Weil Bankruptcy Blog Spooktacular

Jurisdiction & Appeals

Putting the “Limited Liability” into “Limited Liability Company”: Delaware Supreme Court Affirms Limited Scope of Derivative Standing to Pursue Claims on Behalf of LLCs

Chapter 11 Plans, Jurisdiction & Appeals, Pre-Filing Considerations

The Other Subject Matter Jurisdiction Issue: Courts Disagree Over When to Apply the “Close Nexus” Test to Post-Confirmation Disputes

Financing, Jurisdiction & Appeals

You Can’t, But We Can: DB Capital Follow-Up

Jurisdiction & Appeals, Stern Files

The Stern Files (second edition)

Jurisdiction & Appeals

Second Circuit Affirms Madoff Trustee’s Utilization of the “Net Investment Method” In Determining the “Net Equity” Value of Customers’ Claims

Automatic Stay, Executory Contracts & Unexpired Leases, Jurisdiction & Appeals

Peering Through the Muck: Court Analyzes Operation of Ipso Facto Provisions in LLC Membership Agreements Under Section 541 of the Bankruptcy Code

Jurisdiction & Appeals

“It Ain’t Over Till It’s Over”: Final Orders Appealable Under 28 U.S.C. § 158(d)

Claims, Jurisdiction & Appeals, Throwback Thursday

After 29 Years, Northern Pipeline Still Has Teeth

Jurisdiction & Appeals, Stern Files

The Stern Files

Chapter 11 Plans, Jurisdiction & Appeals

Bankruptcy Court’s Post-Confirmation Subject Matter Jurisdiction Has Limitations – Especially Where Discovery Disputes with Post-Confirmation Trusts Are Concerned

Jurisdiction & Appeals

Second Circuit Upholds Madoff Trustee's Use of "Net Equity" Method

Jurisdiction & Appeals

SIPA Trustee Lacks Standing to Assert Certain Claims Against Third Parties on Behalf of Defrauded Customers

Jurisdiction & Appeals

Other People’s Money (Part II)

Insurance, Jurisdiction & Appeals, Mass Torts

Other People’s Money (Part I)

Claims, Jurisdiction & Appeals, Stern Files

Stern Views on Bankruptcy Court Jurisdiction – United States Supreme Court Addresses Bankruptcy Court Jurisdiction in the Anna Nicole Smith Case

Jurisdiction & Appeals

“Clear Heads . . . and Honest Hearts” – United States Supreme Court Pares Bankruptcy Court Jurisdiction in the Anna Nicole Smith Case

Jurisdiction & Appeals

Equitable Mootness Doctrine Examined (Part 2): Is a Confirmation Order Truly Final? Or Can An Appellant Take Another Bite at the Apple?

Jurisdiction & Appeals

Equitable Mootness Doctrine Examined (Part 1): Is a Confirmation Order Truly Final? Or Can an Appellant Take Another Bite at the Apple?

Jurisdiction & Appeals

This Is a Firm Deadline… And I Mean It!

Chapter 11 Plans, Jurisdiction & Appeals

Potential to Increase Size of Post-Confirmation Trust Is Insufficient Basis for Exercise of Bankruptcy Court Jurisdiction

363 Sales, Jurisdiction & Appeals, Third Party Claims

The Fight For Mortal Kombat Exits Bankruptcy As Part of Midway Games Sale

363 Sales, Jurisdiction & Appeals

Certificate Holders Are Told to Take a Seat: Court Denies Standing and Finds that Certificate Holders Are Not Parties in Interest

Automatic Stay, Claims, Employment, Jurisdiction & Appeals, Labor & Employment

WARNing: Bankruptcy Courts Take Their First Crack at The NY WARN Act

Jurisdiction & Appeals

“Deferring in Earnest” – Sixth Circuit Crafts New Standard of Review Over Chief Judge’s Strong Dissent

Jurisdiction & Appeals

The Delaware Bankruptcy Court Explores the Limits of Bankruptcy Jurisdiction and Holds that It Cannot Exercise Supplemental Jurisdiction

Chapter 11 Plans, Claims, Jurisdiction & Appeals

Administrative Claims Catch: After Consummation of the Plan, Fifth Circuit Allows $29.7 Million Administrative Expense

Chapter 11 Plans, Jurisdiction & Appeals

Bankruptcy Court Finds that it Lacks Jurisdiction to Preside over State Law Cause of Action Transferred to Liquidating Trust

Jurisdiction & Appeals

Debate Over Preemption Scope of Section 1123(a) Continues