Appeals, Article III, Bankruptcy Court

Ninth Circuit: No Injury to Creditors Required for Avoidance of Intentionally Fraudulent Transfer

Jones Day on 3/26/2025

To assist a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") in maximizing the value of the bankruptcy estate for the benefit of all stakeholders, the Bankruptcy Code authorizes a trustee or DIP to avoid certain...more

Kiviti v. Bhatt: Fourth Circuit Brain Twister

Rosenberg Martin Greenberg LLP on 9/21/2023

The scope of Bankruptcy Court jurisdiction has been the subject of numerous decisions, including multiple decisions by the United States Supreme Court since Bankruptcy Courts were created by the Bankruptcy Reform Act of 1978....more

Court of Appeals Finds That Insurers May Not Participate in Bankruptcy Negotiations by Invoking an Insured’s Duty to Cooperate

Pillsbury Winthrop Shaw Pittman LLP on 4/10/2023

In rejecting an insurer’s attempt to block confirmation of its insured’s bankruptcy plan, the Fourth Circuit found that an insurer may not interject itself into plan negotiations by invoking the duty to cooperate, nor does...more

Equitable Mootness on the Ropes

Patterson Belknap Webb & Tyler LLP on 8/31/2021

Earlier this month – citing the “virtually unflagging obligation” of an Article III appellate court to exercise its subject matter jurisdiction – the Eighth Circuit Court of Appeals decried the pervasive overreliance by...more

A Stern Rebuke: Bankruptcy Courts have Constitutional Authority to Confirm Plans Containing Nonconsensual Third-Party Releases

Patterson Belknap Webb & Tyler LLP on 1/9/2020

On December 19, the Court of Appeals for the Third Circuit became the first federal circuit court of appeals to hold that a bankruptcy court may confirm a plan containing nonconsensual third-party releases without exceeding...more

Appeals › Article III › Bankruptcy Court

Ninth Circuit: No Injury to Creditors Required for Avoidance of Intentionally Fraudulent Transfer

Kiviti v. Bhatt: Fourth Circuit Brain Twister

Court of Appeals Finds That Insurers May Not Participate in Bankruptcy Negotiations by Invoking an Insured’s Duty to Cooperate

Equitable Mootness on the Ropes

A Stern Rebuke: Bankruptcy Courts have Constitutional Authority to Confirm Plans Containing Nonconsensual Third-Party Releases

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