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Rochelle's Daily Wire

4th Circuit

Lack of Financial Distress Doesn’t Divest a Court of Subject Matter Jurisdiction

In re Bestwall LLC

Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.

5th Circuit

Fifth Circuit: MOAC Didn’t Weaken Section 363(m) on Statutory Mootness for Sales

Swiss Re Corporate Solutions America Insurance Co. v. Fieldwood Energy III LLC (In re Fieldwood Energy LLC)

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

2nd Circuit

Rule 9006(b) Permits Bankruptcy Courts to Extend Statutes of Limitations

In re Ho

Extending statutes of limitations does not affect ‘substantive’ rights, thus the Rules Enabling Act does not preclude a rule from allowing an extension, Judge Julie Manning says.

11th Circuit

Equitable Mootness Didn’t Stop the Court from Taking Away Stock Bought in a Plan

In re America-CV Station Group Inc.

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.