Rochelle's Daily Wire

A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.

The Bankruptcy Code dropped ‘person aggrieved’ as the standard for appellate standing. Did it survive nonetheless?

Whether orders in contested matters are ever appealable is in doubt after a Fourth Circuit decision that declined to follow contrary opinions by bankruptcy appellate panels.

Bankruptcy Judge Christopher Bradley disagreed with a district court in Florida that required a ‘true up’ if actual disposable income in Sub V exceeds projected disposable income.

On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.

If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.

Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.