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...
You represent a lender in connection with a company’s use of cash collateral. Without access to cash, the company will likely go out of business and the lenders will lose money. Check out this expertly drafted practice note on the various aspects of cash...
You represent several troubled companies and need to explore whether an assignment for the benefit of creditors (ABC) is a viable non-bankruptcy alternative for your clients. Practical Guidance allows you to compare ABC statutes in several states with the State...
You represent several international corporations that are considering filing insolvency proceedings in foreign jurisdictions. Check out this expertly drafted article discussing a recent bankruptcy court decision on recognizing a debtor's Cayman Islands restructuring...
Lawyers in several practice areas are dealing with the fallout from recent bank failures. Check out this resource kit addressing the Silicon Valley Bank and other recent bank collapses with content from FSR, bankruptcy, finance, corporate governance, and more!...
Your debtor client wants to discuss the terms of a plan of reorganization. You need to determine whether a Chapter 11 debtor is obligated to pay postpetition, pre-effective date interest to unsecured creditors to render their claims unimpaired under a Chapter 11...
It has been an eventful few weeks (to say the least). On March 8, 2022, Silvergate Capital Corporation (parent company of Silvergate Bank) decided to voluntarily liquidate. Subsequently, Silicon Valley Bank (SVB) (3/10/23) and Signature Bank (3/12/23) were placed...