The Third Circuit Court of Appeals affirmed the District Court and the Bankruptcy Court's decision that certain "Investment Agreements" were not "Purchased Assets" assigned to Spyglass Media Group,...
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) denying a creditor’s motion for...
In reconciling provisions of the Coal Act and the Bankruptcy Code, the Fifth Circuit agrees with the Eleventh Circuit that a debtor coal company's payment obligations under the Coal Act may be...
BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...
BAP for 9th Circuit affirmed rulings of bankruptcy court (CD Cal.) denying motion to sell property free and clear and dismissing chapter 11 case based on findings that debtor filed the petition in...
Affirmed the dismissal of appeal as statutorily moot under 11 USC 363(m). The record amply supported the bankruptcy court's findings that the purchasers were "good faith" purchasers, despite...
Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...
New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
