In a split decision, a panel of the United States Court of Appeals found that the Chapter 11 bankruptcy of a solvent entity created by the "Texas Two Step" was not a per se bad faith filing and...
Appellant did not make a substantial contribution to the reorganization process under Section 503(b)(3)(D). Appellant acted out of self-interest. Appellant’s stated fees included fees unrelated...
The circuit court denied Creditor’s petition for rehearing en banc. A debtor’s financial condition is irrelevant for the purpose of assessing federal court subject-matter jurisdiction in a...
The circuit court affirmed the bankruptcy court’s decision to reopen Debtor’s bankruptcy case and to hold that Creditor could not recover against Appellant for environmental claims, reversing...
The Fourth Circuit affirmed the bankruptcy court’s denial of the motion to dismiss for lack of subject-matter jurisdiction filed by the Official Committee of Asbestos Claimants. The Fourth...
The U.S. Court of Appeals for the 7th Circuit dismissed Claimant’s appeal after he did not respond to Debtor’s service of documents regarding his tort claim. Proper service depends on the...
The U.S. Court of Appeals for the 8th Circuit reversed and remanded the district court’s decisions against applying a joint stipulation between Plaintiff and Defendant and against applying...
Section 363(m) of the Bankruptcy Code precludes judicial review of “nonconsensual third-party releases” authorized under the confirmed plan, as the insurance policy buyback was integral to the...
The district court granted a motion by Dow Corning Corp. (Dow) to terminate certain funding obligations of Dow under the confirmed bankruptcy plan which established a trust to pay silicone-get...
Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...
Judge(s):
Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges
