Recently, the U.S. Supreme Court issued decisions that address or potentially impact issues of bankruptcy law. Check out this expertly drafted article discussing these decisions and the Supreme Court’s recent denial of petitions for a writ of certiorari....
Uptier or liability management transactions (LMTs) are a controversial breed of funded debt transaction, the essence of which is to allow a borrower to evade certain secured lenders' sacred rights provisions and create a higher tier of new, supersenior secured...
Bankruptcy practice consists of both transactional and litigation matters. Transactional bankruptcy attorneys handle a variety of matters, including advising, negotiating, and documenting (1) court restructuring transactions, (2) financing agreements, and (3) acquisitions...
The discharge is an order entered at the conclusion of a bankruptcy case that releases 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...
Single asset real estate (SARE) Chapter 11 cases generally arise when a SARE debtor is forced to file for bankruptcy relief to stop an impending foreclosure sale. Borrowers who receive SARE status are subject to heightened statutory requirements that limit Chapter...
Section 502(b)(6) of the Bankruptcy Code specifies the maximum allowed amount of a landlord's claim for lease termination damages. Bankruptcy courts disagree over the proper way to calculate the amount of the statutory cap. Check out this expertly drafted article...
The Bankruptcy Code provides that a bankruptcy court can confirm a plan can only if at least one impaired class of non-insider creditors votes to accept the plan (If any class of creditors under the plan is impaired). In cases involving multiple debtors that are...
On May 30, 2023, the Second Circuit found that the district court erred in vacating the third-party releases contained in the plan filed in the Purdue Pharma L.P.'s bankruptcy case. Be sure to read this client alert about this case. READ NOW » Related...
You guided your corporate client through filing its Chapter 11 petition, the first day motions, and dealing with its employees. Before you can catch your breath, it’s almost time for the meeting of creditors under Section 341 of the Bankruptcy Code. Help...
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, among others, excessive bid protections and...
It is a tale as old as time—debtors in possession and trustees bring actions to recover pre-petition transfers as preferences under Section 547 of the Bankruptcy Code. The recipients of such transfers assert that the transfers are not recoverable. Regardless...
Last week, seven companies filed mega Chapter 11 bankruptcies within a 48-hour period. Higher interest rates and a tightening credit market are among the reasons for the increase in filings. Check out this handy resource to help you keep track of new mega Chapter...
Recently, the Supreme Court resolved the circuit court split over whether Section 363(m) is a jurisdictional provision. Be sure to read this client alert about this case. READ NOW » Related Content Equitable Mootness Read this practice note for a...
In 2020, New York’s Uniform Voidable Transactions Act (UVTA) replaced New York’s Uniform Fraudulent Conveyance Act. Check out this expertly drafted practice note highlighting the more significant changes and explaining the working of the UVTA. Read...
Over the last few weeks, Bed Bath & Beyond and David's Bridal both filed for relief under Chapter 11 of the Bankruptcy Code. In both cases, the debtors are conducting store closing sales while pursuing a sale of the debtors’ assets. Some experts predict...