Description: 600 Camp reviews the Fifth Circuit's commercial litigation opinions. It is published by David Coale, leader of the appellate practice at Lynn Pinker Hurst & Schwegmann in Dallas.
The Fifth Circuit was unwilling to extend a bankruptcy court’s “core” or “related-to” jurisdiction to reach a settlement agreement when:
“ [T]he settlements contradict the plan . Whereas the plan discharged debts unless a timely proof of claim was filed, the settlements require Chesapeake to pay the non-filing lessors a portion of their royalty claims far higher than other creditors’ timely filed general unsecured claims. Whereas the plan assumed that Chesapeake’s leases would ride through bankruptcy unaffected, the settlement requires a mandatory alteration in the terms of thousands of Pennsylvania leases. Far from merely enforcing the plan
No. 21-20232 (June 8, 2023).
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600 Commerce - Commercial Litigation in the Dallas Court of Appeals600 Commerce | Commercial Litigation in the Dallas Court of A