Reversing the U.S. Bankruptcy and U.S. District Courts for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) deemed that the settlement and...
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's order confirming a chapter 13 plan over a creditor's objections. Most notably, the court held, as a matter of first...
Judge(s):
Mary M. Schroeder, William A. Fletcher, and Consuelo M. Callahan
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...
On remand, the Fourth Circuit affirmed the bankruptcy court’s and district court’s approval of the debtors’ chapter 11 reorganization plan. The Fourth Circuit found that the plan was...
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...
Finding that the Bankruptcy Court misinterpreted its opinion from a prior appeal, the Fifth Circuit reverses in part the confirmation order and remands to the District Court to rewrite the plan's...
Legacy HOA was not a creditor of individual debtor Dombrowski, therefore Legacy did not violate the automatic stay and was not bound by the debtor's confirmed chapter 11 plan. The Eleventh Circuit...
In a decision that reduced Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), to one footnote, the court ruled that district courts could enter third-party injunctions in SEC Ponzi-scheme...
Judge(s):
EBEL (sitting by designation), BADE, and FORREST, Circuit Court judges
In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
