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
Creditors Rights
SDNY Rejects Opt-Out Releases in Chapter 11 Plan, Deepening Post-Purdue Uncertainty
By Carl D. Neff on
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…
Delaware Bankruptcy Court Grants Late-Filed Abuse Claim in Boy Scouts Bankruptcy Case, Finding Excusable Neglect Despite Substantial Delay
By Carl D. Neff on
The letter decision, issued by Judge Laurie Selber Silverstein of the United States Bankruptcy Court for the District of Delaware on December 16, 2024, addresses a Motion to Allow Late-Filed Proof of Claim in the Boy Scouts of America bankruptcy case. The movant, identified only as “J.C.,” sought permission to file a late claim…
Third Circuit Joins Fifth and Ninth on Solvent-Debtor Exception: In re Hertz Corp.
By Carl D. Neff on
On September 10, 2024, the United States Court of Appeals for the Third Circuit issued a significant decision in In re The Hertz Corporation, No. 23-1169, addressing make-whole premiums and post-petition interest in the Chapter 11 reorganization of a solvent debtor. Writing for the panel, Judge Ambro held that (1) make-whole premiums are…
Chapter 13 – Analysis of the Debt Limit under Section 109(e) of the Bankruptcy Code
By Carl D. Neff on
In a Chapter 13 bankruptcy, also known as a wage earner’s plan, individual debtors may be permitted to retain their property, and develop a plan to repay a portion or all of their debts. A debtor will propose a repayment plan to make installment payments to creditors over a 36 to 60 month period.
A…
Amendments to the Bankruptcy Preference Statute in the Consolidated Appropriations Act, 2021
By Carl D. Neff on
On December 27, 2020, the much-anticipated Consolidated Appropriations Act, 2021 (“CAA”) was signed into law. The CAA contains several COVID-19-related amendments to the United States Bankruptcy Code, 11 U.S.C. §§ 101, et seq. (“Bankruptcy Code”), which may impact many types of creditors. The “Bankruptcy Relief” amendments are set forth in Title X of the…
Top Five Tips for Commercial Landlords Dealing with a Tenant in Bankruptcy
By Carl D. Neff on
There has been no shortage of significant bankruptcy filings in 2020 as a result of the ongoing pandemic. Large companies such as J.C. Penney, Brooks Brothers, Lucky Brand, GNC, subsidiaries of Regus, and others, have all filed for bankruptcy protection, citing the coronavirus for sharply reduced sales at their brick and mortar stores.
These filings…
Bayou Steel Bankruptcy Update: Administrative Claims Bar Date Set
By Carl D. Neff on
In October 2019, Bayou Steel BD Holdings, LLC, and its affiliated debtors (“Bayou Steel” or “Debtors”) filed for bankruptcy before the District of Delaware. By way of background, the company sought protection from creditors after a “severe lack in liquidity” led to a default on its senior secured debt. Bayou, which produces steel products like…
Administrative Claim Regarding Mineral Rights Denied by Delaware Bankruptcy Court
By Carl D. Neff on
In the recent decision of In re MTE Holdings, LLC, et al., Case No. 19-12269 (CSS) (Del. Bankr. June 8, 2020), the Delaware Bankruptcy Court determined whether a landowner that leases mineral rights to a debtor is entitled to an administrative claim against the debtor for accessing its land and installing a tank battery. …