The How, What and Why of a Potential PG&E Bankruptcy

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  Third Circuit Clarifies Appeal Process in Settlement and Reorganization Plan Disputes

  By Michael L. Cook

  The Third Circuit recently took a “pragmatic approach” when affirming lower court orders denying a stay of bankruptcy settlement distributions pending appeal. After holding that the district court’s “stay denial order” was “final” for jurisdictional purposes, it also confirmed “the applicable standard of review” on motions for stays pending appeals.

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  Lessor Repossession of Property on Eve of Lessee Bankruptcy

  By Theresa A. Driscoll

  Voluntary Turnover or Face Contempt

  Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until such time as the debtor seeks, and obtains, an order of turnover.

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  Fourth Circuit: Debt Incurred As a Result of Willful and Malicious Injury May Be Dischargeable

  By Rudolph J. Di Massa Jr. and Drew S. McGehrin

  The U.S. Court of Appeals for the Fourth Circuit recently held that a debt incurred as a result of a willful and malicious injury may nevertheless be dischargeable notwithstanding the provisions of 11 U.S.C. Section 523(a)(6).

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  Resolving the Competing Desires of Buyers and Tenants In Bankruptcy

  By Daniel A. Lowenthal

  A Tension Between §§363(f) and 365(h)

  How do bankruptcy judges resolve the competing desires of buyers and tenants? Must buyers bid for property knowing that tenants might have the right to stay if their leases are rejected? Are tenants in jeopardy that they might have to move elsewhere to live or work?

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