Updates to Bankruptcy Trackers for January 2023 | Practical Law

Updates to Bankruptcy Trackers for January 2023 | Practical Law

A list of recently published updates to bankruptcy case development and industry development trackers. The trackers are updated periodically to reflect key decisions and changes in the bankruptcy market. The trackers also contain links to underlying case decisions, motions, orders, other public pleadings, and summaries on the What's Market Database.

Updates to Bankruptcy Trackers for January 2023

Practical Law Legal Update w-038-1863 (Approx. 10 pages)

Updates to Bankruptcy Trackers for January 2023

by Practical Law Bankruptcy & Restructuring
Law stated as of 31 Jan 2023USA (National/Federal)
A list of recently published updates to bankruptcy case development and industry development trackers. The trackers are updated periodically to reflect key decisions and changes in the bankruptcy market. The trackers also contain links to underlying case decisions, motions, orders, other public pleadings, and summaries on the What's Market Database.

Case Trackers

Bankruptcy: Legal Updates Tracker

A table of bankruptcy decision summaries from across all US jurisdictions. The table contains links to both the decision and an expansive legal update. Cases are sorted by sub-topic, in reverse chronological order in the Bankruptcy: Legal Updates Tracker.
The Bankruptcy: Legal Updates Tracker has been updated this month to include the following legal update:
For summaries and links to decisions, see the Bankruptcy: Legal Updates Tracker.

Bankruptcy: Chapter 15 Case Tracker

A table of key Chapter 15 corporate bankruptcy cases filed in all jurisdictions across the US, dating from January 2018 to the present. Cases are sorted both by industry and alphabetically and contain links to certain pertinent pleadings.
The Bankruptcy: Chapter 15 Case Tracker has been updated this month to include:
For cases and links to pleadings, see the Bankruptcy: Chapter 15 Case Tracker.

Bankruptcy: Circuit Case Tracker

A table of 2017, 2018, and 2019 bankruptcy decision summaries from across all US jurisdictions. The table contains links to both the decisions and more expansive legal updates, where applicable. Cases are sorted by jurisdiction, in reverse chronological order.
Summaries and links to the following decisions were included in the Bankruptcy: Circuit Case Tracker this month:
For summaries and links to decisions, see the Bankruptcy: Circuit Case Tracker.

Bankruptcy: Splits of Authority Among Circuit, District, and Bankruptcy Courts Tracker

Tables showing splits of authority among different federal courts on a circuit, district or bankruptcy court level, which can be used when a debtor has a choice of venue for filing its petition. The tables show how the bankruptcy, district, or circuit courts held on certain issues that may arise in a bankruptcy case.
The Practice Note, Bankruptcy: Splits of Authority Among Circuit, District, and Bankruptcy Courts Tracker has been updated to account for recent circuit, district, or bankruptcy court decisions reflecting a split of authority on the following subject matters:
  • We updated section Postpetition Asset Appreciation: Conversion to Chapter 7 to include that an appeal of the affirmance by the district court was filed with the US Court of Appeals for the Ninth Circuit in In re Castleman on August 2, 2022.
  • We updated section Dischargeability Under a Personal Guaranty to include the October 27, 2022 decision of the US District Court for the Eastern District of Wisconsin in Reinhart Foodservice LLC v. Schlundt reversing the bankruptcy court decision and finding that a debtor's liability under a personal guaranty for a debt arising from a postpetition transaction is a postpetition liability that is not discharged in debtors' bankruptcy.
  • We updated section Dischargeability of a Securities Law Violation to include the September 27, 2022 decision in Nationwide Judgment Recovery Inc. v. Sorrells by the US Bankruptcy Court for the Eastern District of Texas holding that section 532(a)(19)(A) of the Bankruptcy Code excepts from discharge debts arising from securities violations by the debtor.
  • We updated section United States Trustee Fees: Constitutionality: SPLIT RESOLVED (6/6/2022) to include recent decisions (i) in Siegel v. Fitzgerald, following the US Supreme Court's decision to reverse and remand; and (ii) by the Second and Tenth Circuits determining the appropriate remedy for debtors or estates following the decision by the US Supreme Court resolving the split.
  • We updated section Appeal of Sale Order and No Stay Obtained to include that on June 27, 2022, the US Supreme Court granted certiorari in MOAC Mall Holdings LLC v. Transform Holdco LLC, 142 S.Ct. 2867 (2022) to resolve the circuit split regarding the consequences of failing to obtain a stay of a sale order under section 363(m) of the Bankruptcy Code.
  • We updated section Tax Sales to add (i) the October 13, 2022 decision by the US Court of Appeals for the Sixth Circuit in Hall v. Meisner, finding that a tax foreclosure sale violates the Takings Clause of the US Constitution and therefore can be voidable as a fraudulent transfer; and (ii) that on January 13, 2023, the US Supreme Court granted certiorari in Tyler v. Hennepin County to decide to resolve the split with the Sixth Circuit in Hall v. Meisner whether a real estate tax sale foreclosure violates the Takings Clause of the US Constitution.
  • We updated Postpetition Asset Appreciation: Conversion to Chapter 7 to add the November 10, 2022, decision of the US Bankruptcy Court for the Western District of Missouri following those courts holding that the appreciated value of a Chapter 13 estate inures to the converted estate on conversion to Chapter 7.
  • We added section Fraudulent Transfers Under Section 544(b): Trustee Stands in Shoes of the IRS (Triggering Creditor) discussing the split primarily among bankruptcy courts about the ability to adopt the limitations or look back period of the IRS or other government creditors to pursue avoidance actions.
  • We added section Exemptions: Social Security Benefits discussing the split among bankruptcy courts in the Eastern District of New York, the Northern District of Indiana, and the Middle District of Florida over whether social security benefits are exempt if they were withheld to pay taxes and were later refunded by the IRS.
  • We updated section Indian Tribes to add that on January 13, 2023, the US Supreme Court granted certiorari in Lac du Flambeau Band v. Coughlin, to decide the split on the issue whether Section 106 of the Bankruptcy Code abrogates Indian tribes’ sovereign immunity.
  • We updated section Sale of Property Free and Clear When There is a Tenant on Debtor's Property to add the decision by the US Court of Appeals for the Fifth Circuit following the majority view that section 365(h) of the Bankruptcy Code prevails over section 363(f).
  • We added section Jurisdiction Over the Rejection of FERC-Related Contracts discussing the split whether the Bankruptcy Court or the Federal Energy Regulatory Commission (FERC) has controlling jurisdiction over the debtor's rejection of contracts regulated by FERC.
  • We updated section Sale or Loan to add a decision of the US District Court for the SDNY discussing whether a transaction involving a debtor's receivables is a sale or loan secured by the receivables.
  • We updated section Automatic Termination of the Automatic Stay to add the January 13, 2023 decision of the US Bankruptcy Court for the ND of Georgia following the majority decision on extent of the scope of termination of the automatic stay.
  • We updated section Trustee Fees and Compensation to add the recent decision by the US Court of Appeals for the Tenth Circuit finding that a Chapter 13 trustee cannot retain any compensation if the case is dismissed pre-confirmation.
  • We added new section Postconfirmation Asset Acquisition discussing the split among various courts whether a Chapter 13 debtor or its estate is entitled to the proceeds of the postconfirmation sale of an asset owned by the debtor on the petition date.
  • We added new section Appellate Review of Bankruptcy Court-Ordered Preliminary Injunctions discussing whether a preliminary injunction entered by a bankruptcy court is appealable as of right or requires leave to appeal.
For recent circuit, district, or bankruptcy court decisions reflecting a split of authority, see the Bankruptcy: Splits of Authority Among Circuit, District, and Bankruptcy Courts Tracker.

Industry Trackers

Bankruptcy: COVID-19 Case Tracker

This tracker includes bankruptcy cases where the novel coronavirus disease (COVID-19) contributed to the company's financial condition or its ability to reorganize, bankruptcy cases with issues arising under the Coronavirus Aid, Relief and Economic Security Act (CARES Act), foreign country restructurings and liquidations, and companies facing distress largely because of the COVID-19 outbreak.
For Bankruptcy & Restructuring resources related to COVID-19, see COVID-19: Bankruptcy and Restructuring (US) Aspects Tracker.
For more information on Practical Law's coverage of COVID-19 across the world, see Global Coronavirus Toolkit.

Bankruptcy: Active Restaurant and Food Retail Case Tracker

Tables of key restaurant and food retail bankruptcy cases dating from March 2016 through the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market Database. Cases are sorted by case type and outcome, in reverse chronological order.

Bankruptcy: Active Retail Case Tracker

A table of key retail bankruptcy cases dating from January 2017 through the present. Cases are sorted by sub-topic, in reverse chronological order and contain links to bankruptcy pleadings and summaries on the What's Market Database.
The Bankruptcy: Active Retail Case Tracker has been updated this month to include:
For summaries of retail cases that have been resolved, confirmed, or liquidated, see Practice Note, Bankruptcy: Confirmed, Converted, and Dismissed Retail Case Tracker.

Bankruptcy: Cryptocurrency Case Tracker

A table of key bankruptcy cases involving cryptocurrency from July 2022 to the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market database. The tables also contain links to more in-depth resources where applicable. Cases are listed in reverse chronological order based on the petition date.
The Bankruptcy: Cryptocurrency Case Tracker has been updated this month to include:
For a compilation of Practical Law resources and recent developments on cryptocurrency, see the Crypto Toolkit and HOTPAGE: Crypto & Digital Assets.

Bankruptcy: Energy Industry Tracker

Tables of key oil, gas, and coal bankruptcy cases dating from November 2018 through the present. The cases are sorted in two tables: active cases and confirmed cases. Within each table, cases are listed in reverse chronological order based on petition date. The tables contain links to bankruptcy pleadings and summaries on the What's Market database.
The Bankruptcy: Energy Industry Tracker has been updated this month to include:
For summaries of oil, gas, and coal bankruptcy cases, see Practice Note, Bankruptcy: Energy Industry Tracker.

Bankruptcy: Fraud Tracker

This table tracks corporate bankruptcy filings from 2016 to the present that involve fraudulent activity, sorted by type of fraud with links to first day motion filings and other relevant bankruptcy pleadings.
For summaries of bankruptcy cases involving fraud, see Bankruptcy: Fraud Tracker.
For more information on fraud in corporate bankruptcies, see Practice Note, Fraud Bankruptcies: Overview and Fraud in Bankruptcy & Restructuring Toolkit.

Bankruptcy: Distressed Retail Companies Tracker

A table of retail companies facing distress from January 2017 through the present. Companies in distress are sorted alphabetically and include key parties and links to relevant SEC filings.
For the latest on companies facing financial distress, see Practice Note, Bankruptcy: Distressed Retail Companies Tracker.

Bankruptcy: Healthcare Industry Tracker

(Formerly the Bankruptcy: Hospitals and Nursing Homes Industry Tracker and the Bankruptcy: Pharmaceutical Industry Tracker)
Tables of key hospital, nursing home, and pharmaceutical bankruptcy cases dating from February 2019 to the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market database. Cases are listed in two tables, active and confirmed cases. Within each table, the cases are listed in reverse chronological order based on the petition date.
The Bankruptcy: Healthcare Industry Tracker has been updated this month to include the following:
For summaries of hospital, nursing home, and pharmaceutical bankruptcy cases, see Bankruptcy: Healthcare Industry Tracker.

Bankruptcy: Mass Tort Tracker

A table of key bankruptcy cases involving mass torts dating from December 2018 to the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market database. Cases are listed in reverse chronological order based on the petition date.
For summaries of mass tort bankruptcy cases, see Bankruptcy: Mass Tort Tracker.

Bankruptcy: Media Industry Tracker

Tables of media industry bankruptcy cases, dating from November 2018 through the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market database. Cases are listed in two tables, active and confirmed cases. Within each table, the cases are listed in reverse chronological order based on the petition date.
For summaries of media industry bankruptcy cases, see Bankruptcy: Media Industry Tracker.

Bankruptcy: Transportation Industry Tracker

Tables of key bankruptcy cases in the transportation industry, with companies listing more than $10 million of either assets or liabilities, from January 2019 to the present. The tables contain links to pleadings and summaries on the What's Market database. Cases are listed in two tables, active and confirmed cases. Within each table, the cases are listed in reverse chronological order, based on petition date.
The Bankruptcy: Transportation Industry Tracker has been updated this month to include the following:
For summaries of transportation industry bankruptcy cases, see Bankruptcy: Transportation Industry Tracker.

Bankruptcy: Startups Tracker

Tables of startup company bankruptcy cases dating from November 2018 to the present. The tables contain links to pleadings and summaries on the What's Market database. Cases are grouped by the state where they were filed and, within each state's table, the cases are listed in reverse chronological order, based on petition date.
The Bankruptcy: Startups Tracker has been updated this month to include the following cases:
For summaries of startup bankruptcy cases, see Bankruptcy: Startups Tracker.