Benchnotes February 2025
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance can present a valuable source
Fully Secured, Nonrecourse Creditors Can Be Involuntary Petitioners, BAP Says
An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.
Sovereign Immunity Is Difficult (Impossible?) to Waive in the Ninth Circuit
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.
Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)
Motions for fees must be made within 14 days of the entry of judgment.
Benchnotes June 2023
Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(b)(1)(A) of the Bankruptcy