Subchapter V of Chapter 11 remains an attractive option for small businesses. Check out this resource kit covering critical Sub V topics and tasks, including detailed information on Sub V requirements, templates for confirmation memos of law and other items that...
In Jevic , the Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions to creditors in a structured dismissal of a Chapter 11 case that violates the Bankruptcy Code's ordinary priority rules without the consent...
In December 2024, the amendments to the Bankruptcy Rules became effective. Virtually all of the Bankruptcy Rules were amended as part of the general restyling to make them more easily understood and to make style and terminology consistent throughout the rules...
You represent an investor who relied on an agent to make investment-related decisions on the investor's behalf. You need to determine whether the investor, as a subsequent transferee, is protected under Section 550(b)(1) of the Bankruptcy Code. Check out this...
Transactional bankruptcy attorneys handle a variety of matters, including advising, negotiating, and documenting (1) in and out of court restructuring transactions, (2) financing agreements, and (3) acquisitions. Check out this resource kit including guidance for...
In the Hertz bankruptcy case, the U.S. Court of Appeals for the Third Circuit found that Hertz (as a solvent debtor) must repay make-whole amounts and post-petition interest before it could make a distribution to shareholders. Check out this expertly drafted article...
Chapter 11 debtors and courts are still grappling with the effect of the Harrington v. Purdue Pharma . In the decision, the Supreme Court did not address what constitutes a consensual third-party release. Check out this expertly drafted article discussing the post...
Teaching new associates about adversary proceedings in bankruptcy? We make it easy for you with guidance and ready-made PowerPoint slides. Read now » Related Content Adversary Proceedings Read this discussion of adversary proceedings commenced in...
The discharge is an order entered at the conclusion of a bankruptcy case releasing the debtor from liability for certain debts that, under the Bankruptcy Code, are dischargeable in bankruptcy. Check out this resource kit covering topics related to a debtor's...
Practical Guidance now offers multiple trackers for you to keep up to date on key DIP financing terms and review select DIP credit agreements. The trackers also link to the docket on Courtlink so you can review the DIP orders. Don’t forget to set an alert...
Section 363 asset sales of a foreign debtor's U.S. assets are increasingly common in Chapter 15 cases. U.S. bankruptcy courts face several important issues in assessing the propriety of such sales. Check out this expertly drafted article discussing a recent...
After all these years, we are still trying to figure out whether a trustee or DIP may assume or assign a contract that cannot be assigned under applicable law without the non-debtor counterparty's consent. Check out this expertly drafted article discussing...
As many bankruptcy lawyers know, the language of Section 502(b)(6) of the Bankruptcy Code—the provision that specifies the maximum allowed amount of a landlord's claim for lease termination damages— is confusing, and it has led to a number of disagreements...
Chapter 11 debtors may seek commitments from creditors to vote in favor of their Chapter 11 plans prior to or during the case. Check out this expertly drafted article discussing a recent decision where the court severed a provision in certain postpetition agreements...
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...