News & Analysis as of

Chapter 11 Preliminary Injunctions

Patterson Belknap Webb & Tyler LLP

Staying Litigation Against Insiders After Harrington v. Purdue Pharma L.P.

In Harrington v. Purdue Pharma L.P., 144 S. Ct. 2071 (2024) (“Purdue”), the Supreme Court held that the Bankruptcy Code does not authorize nonconsensual releases of nondebtors as part of a chapter 11 plan. The Court narrowly...more

Goldberg Segalla

Circuit Court Affirms Automatic Stay as to Georgia-Pacific’s Asbestos Lawsuits

Goldberg Segalla on

Court: United States Court of Appeals for the Fourth Circuit - In 1965, Georgia-Pacific LLC (Old GP) merged with Bestwall Gypsum Company, a manufacturer of asbestos-containing products. In 2017, Georgia-Pacific LLC...more

Bradley Arant Boult Cummings LLP

Southern District of Texas Enters Temporary Restraining Order Extending PPP Loan Benefits to Debtor in Bankruptcy

In a potentially ground-breaking decision, Judge David R. Jones of the United States Bankruptcy Court for the Southern District of Texas temporarily enjoined the Small Business Administration (SBA) from denying a Paycheck...more

Kramer Levin Naftalis & Frankel LLP

Sixth Circuit Holds Bankruptcy Court Has Jurisdiction Over Rejection of Power Purchase Agreements

In FERC v. FirstEnergy Solutions Corp. (In re FirstEnergy Solutions Corp), Case No. 18-3787 (6th Cir. Dec. 12, 2019), the Sixth Circuit affirmed the bankruptcy court’s jurisdiction over the rejection of certain power purchase...more

Eversheds Sutherland (US) LLP

Sixth circuit weighs FERC authority over rejection of power contracts in bankruptcy

On December 12, 2019, the US Court of Appeals for the Sixth Circuit issued a highly anticipated ruling in the FirstEnergy Solutions Corp. bankruptcy case, regarding the efforts of FirstEnergy Solutions Corp. (FirstEnergy or...more

Perkins Coie

Delaware Bankruptcy Court Decision Strengthens Protections for Healthcare Providers in Bankruptcies

Perkins Coie on

In an August 2019 case argued by Perkins Coie attorneys, the U.S. Bankruptcy Court for the District of Delaware ruled that the automatic stay under section 362(a) of the Bankruptcy Code bars the Centers for Medicare &...more

BCLP

Preliminary Injunctions in Bankruptcy Courts: Can a Litigant Get a Second Opinion?

BCLP on

District courts can hear an appeal from any interlocutory order, as long as they agree to accept the appeal. 28 U.S.C. § 158(a)(3). Final judgments, orders and decrees are always immediately appealable. 28 U.S.C. §...more

Pullman & Comley, LLC

Bankruptcy Beat: Another Tool in the Toolbox of Bankruptcy Trustees and Debtors in Possession: The Pre-Judgment Asset-Freeze...

Pullman & Comley, LLC on

In a decision handed down on January 4, 2016, a New York Bankruptcy Court issued a preliminary injunction preventing the transfer of any assets of the Defendant in an adversary proceeding in which a turnover of monies, along...more

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