Bankruptcy Court, Bankruptcy Code, Article III

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

How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases

Hinshaw & Culbertson - Insights for Insurers on 10/29/2024

On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision...more

U.S. Supreme Court Bankruptcy Update

Jones Day on 8/1/2024

The U.S. Supreme Court handed down three bankruptcy rulings to finish the Term ended in July 2024. The decisions address the validity of nonconsensual third-party releases in chapter 11 plans, the standing of insurance...more

Second Circuit: Bankruptcy Courts Have Inherent Authority to Impose Civil Contempt Sanctions

Jones Day on 2/6/2024

Because bankruptcy courts were created by Congress rather than under Article III of the U.S. Constitution, there is a disagreement over whether bankruptcy courts, like other federal courts, have "inherent authority" to impose...more

Fourth Circuit Holds that Mootness Does Not Bar Bankruptcy Court Jurisdiction

Patterson Belknap Webb & Tyler LLP on 10/5/2023

Federal law assigns to U.S. district courts original jurisdiction over all cases under Title 11 (the Bankruptcy Code) and all civil proceedings arising under Title 11 or arising in or relating to Title 11. See 28 U.S.C. §...more

Ninth Circuit: Standard for Constitutional Standing Applies to Bankruptcy Appeals

Jones Day on 10/3/2023

Federal appellate courts have traditionally applied a "person aggrieved" standard to determine whether a party has standing to appeal a bankruptcy court order or judgment. However, this standard, which requires a direct,...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

Bankruptcy Court › Bankruptcy Code › Article III

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

How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases

U.S. Supreme Court Bankruptcy Update

Second Circuit: Bankruptcy Courts Have Inherent Authority to Impose Civil Contempt Sanctions

Fourth Circuit Holds that Mootness Does Not Bar Bankruptcy Court Jurisdiction

Ninth Circuit: Standard for Constitutional Standing Applies to Bankruptcy Appeals

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

Is the End Near for Third Party Releases In Chapter 11 Plans?

Tenth Circuit BAP: Bankruptcy Courts Have Exclusive Jurisdiction to Determine Whether Claims Are Estate Property

Stern Challenge to Third-Party Plan Releases Fails in Delaware

Whose Claim is it Anyway?

Meet the New Sharif: Bankruptcy Court Jurisdiction in the Wake of Wellness International

Bankruptcy Court › Bankruptcy Code › Article III

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