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Barton Doctrine Bankruptcy Court Commercial Bankruptcy

Jones Day

Fifth Circuit Reins in Bankruptcy Court Gatekeeping in Chapter 11 Plans

Jones Day on

Provisions in chapter 11 plans releasing non-debtors from liability for pre-bankruptcy conduct in exchange for funding for plan distributions or post-confirmation operations have long been used as a means to facilitate...more

Patterson Belknap Webb & Tyler LLP

Barton Strikes Again: Nominal “Individual” Claims Don’t Excuse Non-Compliance

Joshua Jordan was the CEO of Prehired LLC (“Prehired”), a “members-only workforce accelerator.” In December 2023, Jordan logged into Prehired’s Wells Fargo bank account online. He transferred $74,000 to the account of another...more

Buchalter

Bankruptcy Trustees and Receivers Beware: The California Second District Court of Appeal Tests The Barton Doctrine’s Limits on...

Buchalter on

In Breanne Martin v. Leslie Gladstone, the Second District Court of Appeal recently decided a case that could reverberate throughout the receivership and bankruptcy industries. This case comes at a propitious moment as...more

Rosenberg Martin Greenberg LLP

Abstention Trumps the Barton Doctrine in the Fourth Circuit

In Barton v. Barbour, the United States Supreme Court held that before another court could obtain subject matter jurisdiction over a suit against a receiver for acts committed in the receiver’s official capacity, the...more

Carlton Fields

Bankruptcy Court Requires An MF Global Holdings Bermuda Reinsurer To Post $15 Million Bond Before Deciding Motion To Compel...

Carlton Fields on

In the most recent decision in an ongoing dispute between MF Global Holdings Ltd. and its (re)insurers, the Bankruptcy Court for the Southern District of New York ordered Allied World to post a $15 million bond before the...more

Carlton Fields

Bankruptcy Court Holds Bermuda Insurers Violated Barton Doctrine By Seeking Anti-Suit Injunctions In Bermuda Courts

Carlton Fields on

Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011. The underlying dispute involves...more

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