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    Delaware Court Holds Rejection Eliminates Non-Debtor's Exclusive Right to Provide Services to the Debtor
    2022-01-14

    Nine Point Energy Holdings, Inc. and its affiliates (collectively, "Nine Point" or "Nine Point debtors") constituted an oil and gas production and exploration company that sought to reorganize in chapter 11 through a going concern sale of substantially all of their assets. To maximize value, Nine Point sought to sell those assets free and clear of its midstream services contracts, which included provisions that prevented Nine Point from acquiring midstream services from anyone other than its counterparty, Caliber North Dakota, LLC ("Caliber").

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Jones Day, Supreme Court of the United States
    Authors:
    Matthew C. Corcoran , Heather Lennox , T. Daniel Reynolds (Dan) , Nick Buchta
    Location:
    USA
    Firm:
    Jones Day
    SCOTUS Cert Recap: Civil Procedure, Bankruptcy, and Worker’s Comp
    2022-01-12

    Highlights

    On Jan. 10, the U.S. Supreme Court agreed to hear three cases, which present the following three questions:

    Does a motion for relief from a final judgment that is premised on a legal error fall under Rule 60(b)(1) or 60(b)(6)?

    Does the Constitution's provision for “uniform” bankruptcy laws permit Congress to implement Chapter 11 fee increases in different ways in different regions of the country?

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Bankruptcy, US Congress, Supreme Court of the United States
    Authors:
    Kian Hudson
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Debtor’s Motion to Dismiss v. Creditor’s Motion to Convert In Chapter 13—The 9th Circuit’s Ruling in In Re Nichols
    2022-01-06

    On September 1, 2021, the Ninth Circuit issued its ruling in the case of In Re Nichols. The Circuit Court held that a debtor has an absolute right—without exception—to dismiss his Chapter 13 bankruptcy case under Section 1307 (b) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Gupta Evans and Ayres, Supreme Court of the United States, Ninth Circuit
    Authors:
    Dylan Contreras
    Location:
    USA
    Firm:
    Gupta Evans and Ayres
    Bankruptcy 2021: A Decline in Filings, Supreme Court Weighs In, Congress Looks at Student Loans
    2021-12-28

    When 2020 ended, many of us were unsure what 2021 would look like from a bankruptcy perspective. Would consumer filings increase? Could we see bankruptcy reform and particularly in the area of discharge of student loans? There was a lot to consider throughout the year. This article will provide some insight as to what we saw and where we may be headed in 2022.

    Bankruptcy Filings Down in 2021

    Bankruptcy filings through the first 11 months of 2021 were at their lowest levels since the 1980’s.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Coronavirus, US Congress, Supreme Court of the United States
    Authors:
    Alan C. Hochheiser
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Validity of Non-Consensual Third-Party Releases Called into Question in Purdue Bankruptcy — But for How Long?
    2021-12-22

    On Dec. 16, 2021, U.S. District Court Judge Colleen McMahon in the Southern District of New York vacated Purdue Pharma’s confirmed plan of reorganization after finding that the Bankruptcy Court below did not have statutory authority to issue a confirmation order granting non-consensual third-party releases — namely for the benefit of the Sackler family who owns Purdue. In re Purdue Pharma, L.P., Case No. 7:21-cv-08566 (S.D.N.Y. Dec. 16, 2021).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Supreme Court of the United States
    Authors:
    Douglas S. Mintz , Kristine Manoukian , Peter J. Amend , Kelly (Bucky) Knight
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    A Debtor by Any Other Name? Court Certifies Question to Florida Supreme Court
    2021-12-24

    Florida law provides that a UCC-1 financing statement is “seriously misleading” if it does not include the debtor’s correct name, unless “a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose” the financing statement notwithstanding the misnomer. But how much of a search is required?

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Supreme Court of the United States
    Authors:
    Valerie S. Sanders
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    The Third Circuit Lets the Katz Out of the Bag: No Sovereign Immunity for California in the Post-Confirmation Venoco Dispute
    2021-12-16

    The Executive Summary provided a short version of the facts. The next few paragraphs provide a longer version, or you can skip to the next section.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, European Commission, Supreme Court of the United States
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Lenders Beware: The Supreme Court’s Ruling in Fulton May Not Be the Final Word on Violations of the Automatic Stay
    2021-12-08

    In its much-discussed decision, City of Chicago v. Fulton, 141 S. Ct. 585 (2020), the Supreme Court ruled that the City of Chicago (“City”) was not in violation of Section 362(a)(3) of the Bankruptcy Code for failing to release an impounded car to a debtor in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Crowell & Moring LLP, Bankruptcy, Supreme Court of the United States
    Authors:
    Frederick (Rick) Hyman , Scott Lessne
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Prepetition Claim or Postpetition Claim? The Timing of a Claim When A Debtor’s Prepetition Wrongful Actions Continue Postpetition
    2021-11-30

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Supreme Court of the United States
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Eighth Circuit Adopts Rigorous Standard for “Equitable Mootness” Dismissal
    2021-11-18

    On August 5, 2021, the Eighth Circuit reversed a district court’s decision to dismiss a confirmation order appeal as equitably moot.[1] The doctrine of equitable mootness can require dismissal of an appeal of a bankruptcy court decision – typically, an order confirming a chapter 11 plan – on equitable grounds when third parties have engaged in significant irreversible transactions

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Supreme Court of the United States
    Authors:
    Jacob A Adlerstein , Paul M. Basta , Brian Bolin , Robert Britton , Kelley A. Cornish , Alice Belisle Eaton , Brian S. Hermann , Kyle J. Kimpler , Alan W Kornberg , Elizabeth R. McColm , Andrew M. Parlen , Andrew N. Rosenberg , Jeffrey D. Saferstein , John Weber
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

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