The debtor confirmed a chapter 11 plan in 2009 granting creditor Bay Bridge an in rem claim against property to the extent Bay Bridge had an "allowed secured claim." Bay Bridge filed a proof of...
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
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...
The Ninth Circuit affirmed the confirmation of a Chapter 11 Plan that included a limited non-consensual third party release of certain creditors for potential claims arising out of conduct in the...
Judge(s):
Richard A. Paez, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...
On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...
A bankruptcy court could not approve a post-confirmation settlement agreement that modified the terms of the confirmed chapter 11 plan without complying with section 1127(b) or voiding the plan...
The Court of Appeals for the Federal Circuit confirmed the dismissal of the complaint because of lack of jurisdiction and, because, as to the claims alleging coercion, the statute of limitations...
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
