On March 26, 2026, the U.S. Bankruptcy Court for the District of Delaware (Hon. Brendan L. Shannon) entered a provisional order in In re The Cannabist Company Holdings Inc., Case No. 26-10426 (BLS), extending stay protections to the non-debtor U.S. subsidiaries of a Canadian cannabis company whose parent is restructuring under Canada’s Companies’ Creditors
Fourth Circuit Affirms That Disclaimer-Bearing Mortgage Communications to a Chapter 13 Debtor Are Not Debt Collection
In Palazzo v. Bayview Loan Servicing, LLC, No. 24-2169 (4th Cir. Mar. 20, 2026, amended Mar. 31, 2026), the Fourth Circuit affirmed summary judgment for two mortgage servicers on FDCPA and automatic stay claims brought by a Chapter 13 debtor. Applying the “commonsense inquiry” the court adopted in In re Dubois and reaffirmed in
Foreign Incorporation Does Not Shield Debtors from Involuntary Chapter 11: The Xinyuan Decision
The U.S. Bankruptcy Court for the Southern District of New York recently rejected arguments that a foreign debtor’s incorporation outside the United States and concurrent foreign restructuring proceedings should compel dismissal of an involuntary Chapter 11 petition. In re Xinyuan Real Estate Co., Ltd. (S.D.N.Y., March 3, 2026) clarifies that U.S. courts retain meaningful jurisdiction
Coney Island Auto Parts: The Supreme Court Closes the Door on Untimely Void-Judgment Challenges
The Supreme Court’s January 2026 decision in Coney Island Auto Parts Unlimited, Inc. v. Burton, 607 U.S. 155 (2026), resolves a significant circuit split and reinforces a basic principle of judicial efficiency: judgments must eventually become final, even when they suffer from procedural defects. The Court held, without dissent, that Federal Rule of
When Chapter 11 Cannot Rewrite a Lease: The Aspen Chapel’s Cautionary Tale on Statutory Protections and Bad Faith Planning
In the January 15, 2026 decision rendered in In re The Aspen Chapel, the United States Bankruptcy Court for the District of Colorado provided a significant reminder that bankruptcy, while a powerful tool for financial restructuring, cannot be weaponized to circumvent the statutory protections Congress extended to tenants occupying leased real property. The case
Insider DIP Financing in Litigation-Only Estates: Insights from SPAC Recovery Co.
When a special purpose acquisition company burns through capital pursuing a failed deal, it often emerges from the wreckage with nothing but litigation claims. How, then, should a debtor with no operational revenue prosecute those claims? Judge John P. Mastando III addressed precisely this challenge in January 2026 in In re SPAC Recovery Co.
SDNY Rejects Opt-Out Releases in Chapter 11 Plan, Deepening Post-Purdue Uncertainty
On December 1, 2025, the U.S. District Court for the Southern District of New York issued a decision in In re GOL Linhas Aéreas Inteligentes S.A., 675 B.R. 125 (S.D.N.Y. 2025), reversing a bankruptcy court’s confirmation of third-party releases that relied on an opt-out mechanism. Judge Denise Cote held that a creditor’s silence—a failure
How Far Can a Plan Injunction Reach? Delaware Weighs In on Gatekeeping
On August 21, 2025, Judge Craig T. Goldblatt of the United States Bankruptcy Court for the District of Delaware issued a significant ruling in In re AIO US, Inc. (the Avon Products bankruptcy) that rejected a “gatekeeping” provision in a proposed Chapter 11 plan. The court held that neither the Bankruptcy Code nor the Barton
Bedmar LLC and the Manufactured Bankruptcy Doctrine: When LTL Management Stops a Chapter 11 Filing
On August 29, 2025, the Delaware Bankruptcy Court issued a dismissal order in In re Bedmar, LLC that stands as one of the clearest applications of the “manufactured bankruptcy” doctrine to emerge from the post-Third Circuit landscape. Judge J. Kate Stickles dismissed the Chapter 11 case under Section 1112(b) for lack of good faith, finding
Insurance Coverage Considerations When Negotiating Stay Relief in Bankruptcy Cases
When personal injury attorneys face a defendant who files for bankruptcy, progress on the case suddenly halts as the automatic stay takes effect. While obtaining relief from the stay is the first challenge (as discussed in my previous article), understanding the insurance coverage landscape is equally critical. Most successful stay relief negotiations involve limiting