Debtors’ counsel often assume that a borrower’s insolvency gives them meaningful leverage to challenge an oversecured lender’s claim for postpetition default interest under Section 506(b) of the Bankruptcy Code. Judge Philip Bentley’s recent bench decision in In re 33 Mako,
Bankruptcy Litigation Blog 2.0
The Internet’s First Bankruptcy Blog, Now 2.0
Bankruptcy Litigation Blog 2.0, published by Buchalter, focuses on legal developments and case law relevant to bankruptcy litigation and restructuring professionals. The blog aggregates and analyzes key court decisions, procedural updates, and legal issues involving bankruptcy claims, avoidance actions, preference litigation, successor liability, and related commercial disputes. It serves as a resource for practitioners seeking insights into complex bankruptcy matters, including jurisdictional questions, fraudulent transfer claims, and creditor rights. The content also covers broader restructuring topics such as asset sales, debtor protections, and litigation strategies within bankruptcy proceedings.
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Case Roundup for July 13, 2026
Chapter 15 Recognition Order Modified to Limit Injunctive Relief Against Related Non-Debtor Entities – In re Prince Global Holdings Ltd., 2026 WL 1758972 (Bankr. S.D.N.Y. June 18, 2026): Judge Glenn had, one week earlier, recognized as a foreign main…
Case Roundup for July 12, 2026
It’s been a busy past month for me, but I’ve flagged 50 cases of interest that I’ll endeavor to summarize over the next several posts:
Third-Party Release Opt-Outs and Standing to Appeal – Mercy Health Network v. Mercy Hospital, 178…
Chief Bankruptcy Judge Halfenger Adopts Treasury Rate for Till’s Formula Approach in Chapter 11 Hotel Cramdown
In a meticulous, 32-page opinion that reads more like a finance treatise than a stay-relief ruling, Chief Judge G. Michael Halfenger (Bankr. E.D. Wis.) delivered perhaps the most thorough judicial analysis to date of whether Till v. SCS Credit Corp.…
District Court Denies Stay of Del Monte Confirmation Order, Holding the Risk of Equitable Mootness Alone Isn’t Irreparable Harm and Economic Grievances are Compensable Through Ordinary Remedies
Plan Confirmation and Appeal: In the Del Monte Foods chapter 11 bankruptcy case, the Ad Hoc Group of Minority Secured Lenders sought an emergency stay pending appeal of Bankruptcy Judge Kaplan’s order confirming the Debtors’ First Amended Joint Chapter 11…
Reliance Is Personal, and So Is the Claim: Judge Goldblatt Holds Vendor Fraud Claims Are Not Estate Property After Whittaker Clark
Joann Inc., the iconic national fabric and hobby retailer, has become the backdrop for a significant post-Whittaker Clark & Daniels decision on the boundary between estate property and individual creditor claims under Section 541 of the Bankruptcy Code. In…
Seventh Circuit Reverses Dismissal of CMBS Borrower’s Breach-of-Contract Claim, Finding Cash Sweep Contract Provisions Ambiguous Relating to How Long the Servicer Can Hold Excess Cash Sweeps “as Additional Security”
Aberdeen Developers borrowed $41 million from MUFG Union Bank in 2018, secured by a mixed-use building in Chicago worth roughly $73 million. The loan eventually landed with LNR Partners as special servicer. When one of the building’s largest tenants filed…
Bankruptcy Court Holds ‘Related To’ Jurisdiction Satisfied by Any Claim Reduction in Bankruptcy
Secured creditor Agrifund filed a § 523 dischargeability complaint against Chapter 12 farm debtors. In response, the debtors brought various third-party cross-claims, which prompted Agrifund to assert its own cross-claims against those third parties for conversion, defalcation, larceny, embezzlement, and…
Fifth Amendment Act‑of‑Production Privilege: A Shield, Not a Scalpel
In this long‑running Chapter 15 case, a foreign representative sought bank records from JPMorgan tied to a debtor’s principal now in the U.S. The principal had already produced those records—selectively redacted—and invoked the Fifth Amendment to justify both the redactions…
Timing Is Everything: Navigating Rule 8006(b)’s 30-Day Window in Bankruptcy Appeals
This case highlights key pitfalls in bankruptcy appellate practice, particularly when seeking direct certification of an appeal to the federal circuit court.
Here, Genesis Healthcare and its affiliates filed for Chapter 11 on July 9, 2025. On October 7, 2025,…