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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...

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...

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...

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...

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...

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...

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...

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...

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 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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...