Bankruptcy Courts' Equitable Discretion May Be In Danger

By Brian Shaw and Mark Radtke (September 20, 2021, 2:44 PM EDT) -- A bankruptcy court's ability to exercise discretion is critically important to the equitable and pragmatic goals of bankruptcy jurisprudence. So too is the finality of bankruptcy court orders approving asset sales and confirmed plans. Both concepts are baked into the fabric of the bankruptcy system, and most practitioners would consider them and their related doctrines important tools in the general bankruptcy toolbox.

But concern is growing from various sectors of the bankruptcy community that the misuse of these tools is becoming all too common, if not the norm.

Both Congress and some higher courts have flagged what they believe is abuse...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!