In a recent decision, the U.S. Court of Appeals for the Second Circuit tackled the issue of distinguishing true leases from financing arrangements in bankruptcy proceedings. The case revolved around whether a shopping center lease was a bona fide lease or a disguised...
It is hard to believe it has been three years since our last inflation adjustment pursuant to Section 104 of the Bankruptcy Code. The adjustments to the Subchapter V eligibility limits were increased from $3,024,725 to $3,424,000. With more companies now eligible...
Bankruptcy attorneys always need to stay current on case law addressing avoidance actions. Recently, the Ninth Circuit Court of Appeals ruled that bankruptcy trustees and Chapter 11 debtors-in-possession can avoid intentionally fraudulent transfers without proving...
Automatic stay disputes can arise in several situations, including disputes over lifting the stay and exceptions to, and the duration of, the automatic stay. Check out this resource kit containing Practical Guidance content for counsel handling these and other...
In-house counsel may advise internal clients on bankruptcy matters and non-bankruptcy alternatives. Check out this resource kit for a collection of Practical Guidance materials covering many of the tasks and issues that in-house attorneys regularly address when...
Unlock the full potential of your consumer bankruptcy practice with our exclusive resource kit! Dive into Practical Guidance materials designed to streamline your casework and provide invaluable insights for representing your clients. Don't miss out on these...
You represent a Chapter 11 debtor that is swiftly moving toward confirmation and need to draft a memorandum of law in support of confirmation under Section 1129(b) of the Bankruptcy Code (i.e., cramdown). Check out this template memo of law with detailed drafting...
You frequently represent parties in contested matters and adversary proceedings. Check out this resource kit which includes general resources for litigating matters in bankruptcy court and specific resources on topics that are often the subject of litigation in...
In a Chapter 15 case, the automatic stay generally applies only at such time that the U.S. bankruptcy court later enters an order recognizing the foreign bankruptcy as a main proceeding under Chapter 15 or, in the event of recognition as a foreign nonmain proceeding...
Chapter 11 plans often extinguish existing equity interests when the estate lacks value after paying creditor claims. However, what happens when the plan proponent proposes a Chapter 11 plan that pays all creditors in full while canceling equity interests for no...
As we tackle this new year, we should remember the not-so-distant past of 2024. Check out this expertly drafted article that looks back on 2024 bankruptcy cases and notable bankruptcy rulings. Read now » Related Content Bankruptcy Rule Amendments...
You represent a party objecting to the bid procedures proposed in connection with the sale of a bankruptcy debtor's assets. Parties may object to a debtor’s bid procedures for a variety of reasons, including excessive bid protections and a quick timeline...
The Practical Guidance bankruptcy practice area contains a wide array of resources, including timelines, charts, presentations, trackers, videos, and the state law comparison tool (in addition to practice notes, templates, clauses, and checklists). Check out this...
Your clients include secured creditors holding security interests in collateral located in several different jurisdictions. You need to explore whether your clients should exercise their rights under Article 9 of the Uniform Commercial Code (UCC) in the applicable...