On March 16, 2026, Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey issued a closely watched letter opinion denying motions by the U.S.
Continue Reading Judge Kaplan’s ‘Gut Check’ on Bankruptcy Venue: Why the Multi‑Color Decision MattersSupreme Court Puts a Clock on Attacking “Void” Judgments
The U.S. Supreme Court has clarified that there is a time limit—specifically, a “reasonable time” under Rule 60(c)(1)—for filing motions to set aside judgments as “void” under Rule 60(b)(4), even
Continue Reading Supreme Court Puts a Clock on Attacking “Void” JudgmentsNew Jersey Bankruptcy Judge Michael Kaplan on Bankruptcy Practice – Pragmatism, Feasibility, and the Realities of Chapter 11
In Episode 22 of The Octus Download (available on Apple Podcasts, Spotify, Amazon Music), hosts Jason Sanjana and Kevin Eckhardt interviewed the Honorable Michael B. Kaplan
Continue Reading New Jersey Bankruptcy Judge Michael Kaplan on Bankruptcy Practice – Pragmatism, Feasibility, and the Realities of Chapter 11
Christmas Tree Shops: Unwrapping the Delaware Court’s Gift for Pleading the Preference Due Diligence Requirement
If your holiday to‑do list includes lights, cocoa, and some year‑end legal news, here’s a little stocking stuffer for you. In a recent decision from the United States Bankruptcy Court
Continue Reading Christmas Tree Shops: Unwrapping the Delaware Court’s Gift for Pleading the Preference Due Diligence RequirementDefining the Boundaries of Consensual Third-Party Releases – Tehum/YesCare Case Study
In 2024, the Supreme Court, in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), held that the Bankruptcy Code does not authorize nonconsensual third-party releases in Chapter 11
Continue Reading Defining the Boundaries of Consensual Third-Party Releases – Tehum/YesCare Case StudyTrump Administration’s Proposed Health Care Cuts Pose Risks to Distressed Providers
Last week, the Trump administration and Congress proposed spending cuts that if enacted are likely to affect federally funded health insurance programs such as Medicaid and the Affordable Care Act
Continue Reading Trump Administration’s Proposed Health Care Cuts Pose Risks to Distressed ProvidersNew Jersey Bankruptcy Courts Remain a Strong Option for Debtors Seeking to Obtain a Third-Party Release in a post-Purdue Pharma World Following the BowFlex Decision
The restructuring industry held its proverbial breath following the Supreme Court’s decision in Harrington v. Purdue Pharma L.P., which invalidated the nonconsensual third-party release in the debtors’ plan. While
Continue Reading New Jersey Bankruptcy Courts Remain a Strong Option for Debtors Seeking to Obtain a Third-Party Release in a post-Purdue Pharma World Following the BowFlex DecisionThe Impact of Purdue Pharma
It has been approximately two months since the highly anticipated Supreme Court decision in Harrington v. Purdue Pharma L.P., and it is already making a significant impact in bankruptcies
Continue Reading The Impact of Purdue PharmaNew Jersey Releases New Chapter 11 Complex Procedures and Other Rule Updates
Pursuant to the New Jersey Bankruptcy Court’s (the “Court”) annual rule making cycle, the Court implemented various changes to the New Jersey Local Rules and Local Forms, which became effective
Continue Reading New Jersey Releases New Chapter 11 Complex Procedures and Other Rule UpdatesThe Circuit City Landmine Redux, the Final Word (Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC): Supreme Court Holds that Chapter 11 Debtors Do Not Get a Refund on U.S. Trustee Quarterly Fees Under Unconstitutional Fee Increase
As previously discussed and anticipated in prior blog posts,[1] the United States Supreme Court’s decision in Siegel v. Fitzgerald, 596 U.S. 464, 142 S.Ct. 1770, 213 L.Ed.2d 39
Continue Reading The Circuit City Landmine Redux, the Final Word (Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC): Supreme Court Holds that Chapter 11 Debtors Do Not Get a Refund on U.S. Trustee Quarterly Fees Under Unconstitutional Fee Increase