Bankruptcy filings continue to decline 
By:
Kimberly Atkins
Published: February 7, 2013
Tags: Administrative Office of the U.S. Courts, bankruptcy filings, Chapter 11, Chapter 12, CHAPTER 13, Chapter 7
WASHINGTON – In a continuation of the downward trend that began in 2011, bankruptcy filings in federal courts declined during calendar year 2012, according to data released by the Administrative Office of the U.S. Courts.
Chapter 11 debtors subject to ‘absolute priority rule’
Published: January 18, 2013
Tags: absolute priority rule, Bankruptcy Abuse Prevention and Consumer Protection Act, Chapter 11
The 2005 amendments to the Bankruptcy Code did not exempt individual Chapter 11 debtors from the application of the absolute priority rule, the 10th Circuit has ruled in reversing judgment.
McCourts return to court in renewed divorce battle
Published: October 15, 2012
Tags: Bankruptcy, Chapter 11, divorce, Frank McCourt, Los Angeles Dodgers, Major League Baseball, McCourt, postnuptial agreement
Less than one year after Frank and Jamie McCourt reached a settlement in their contentious divorce proceedings, the couple is back in court.
Retail sales taxes nondischargeable in bankruptcy
Published: July 24, 2012
Tags: Chapter 11, taxation
The owner of a restaurant was not entitled to a discharge of debt for unpaid retail sales taxes when he filed for Chapter 11 bankruptcy protection, the 3rd Circuit has ruled in affirming judgment.
Bankruptcy bar takes aim at ‘unfair’ fee proposal
By:
David Frank
Published: June 28, 2012
Tags: billing, Chapter 11, Executive Office for U.S. Trustees, fees
A controversial fee proposal from the Executive Office for U.S. Trustees is receiving a cold reception from bankruptcy lawyers, with some even threatening to leave the practice if the policy is implemented.
Class claims against Owens Corning weren’t discharged
Published: May 22, 2012
Tags: breach of warranty, Chapter 11, class action, fraud, negligence, strict liability
A class claims seeking damages for alleged defects in Owens Corning roofing shingles were not discharged by the company’s Chapter 11 bankruptcy case, the 3rd Circuit has ruled in reversing a summary judgment.
Asbestos policies can be assigned in bankruptcy
Published: May 3, 2012
Tags: Chapter 11, product liability
Liability insurers could not enforce anti-assignment clauses in their policies when their policyholder sought relief in bankruptcy from asbestos claims, the 3rd Circuit has ruled in affirming judgment.
Justices tackle credit-bidding in bankruptcy ‘cramdown’ plan
By:
Kimberly Atkins
Published: April 23, 2012
Tags: Bankruptcy, Chapter 11, credit bid, secured creditor, Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court took up a complicated bankruptcy case Monday, parsing the language of the Bankruptcy Code to determine if a Chapter 11 debtor must give a secured creditor the right to credit bid items being sold at auction.
Automatic stay for bankrupt party doesn’t apply to co-defendants
Published: December 23, 2011
Tags: automatic stay, Chapter 11, joint and several liability, wrongful death
An insolvent asbestos defendant’s bankruptcy filing does not stay all litigation involving solvent co-defendants, the Alabama Supreme Court has ruled.
Justices to decide ‘cramdown’ rights of secured lender
Published: December 12, 2011
Tags: Chapter 11, cramdown
The U.S. Supreme Court will decide whether a Chapter 11 debtor may pursue a reorganization plan that proposes to sell encumbered assets at auction free and clear of liens without allowing a secured lender to bid its credit.
