business Cases
May 8, 2024
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.
May 7, 2024
If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.
May 6, 2024
Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.
May 3, 2024
A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.
May 2, 2024
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.
May 1, 2024
As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.
April 30, 2024
A Third Circuit decision shows the breadth of unliquidated and contingent claims.
April 26, 2024
3rd Circuit , Delaware ,
Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.
April 25, 2024
New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.
April 23, 2024
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.