Recently, in the case United States v. Miller, the U.S. Supreme Court held that the sovereign immunity waiver provision in the Bankruptcy Code is jurisdictional only and does not waive the federal government’s sovereign...more
4/4/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 7 ,
Creditors ,
Debtors ,
Debtors-in-Possession ,
Fraudulent Transfers ,
IRS ,
Jurisdiction ,
SCOTUS ,
Sovereign Immunity ,
State Law Claims ,
Statutory Interpretation ,
Tax Liability ,
Trustees ,
United States v Miller ,
Waivers
In Harrington v. Purdue Pharma L.P. et al., the U.S. Supreme Court held that nonconsensual releases of third-party claims against nondebtors are not authorized under the Bankruptcy Code, resolving a longstanding circuit...more
7/5/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Harrington v Purdue Pharma L P ,
Mass Tort Litigation ,
Non-Consensual Rights ,
Non-Debtors ,
Opioid ,
Purdue Pharma ,
SCOTUS ,
Third-Party
The U.S. Bankruptcy Court for the Eastern District of Virginia held recently that unsecured creditors who fail to monitor bankruptcy proceedings for treatment of their claim do not show “excusable neglect” and must face the...more
Summary -
A recent decision from the Ninth Circuit Court of Appeals illustrates the challenges faced by both bankrupt tenants and their landlords in the assumption of leases by tenants in bankruptcy proceedings. In the...more