Section 363 of the Bankruptcy Code allows a Chapter 11 debtor to sell assets "free and clear" of existing claims, liens, encumbrances, and other liabilities. This provision facilitates expedited sales that might otherwise be...more
6/4/2025
/ 363 Sales ,
Acquisitions ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Creditors ,
Debtors ,
Due Diligence ,
Lenders ,
Liens ,
Sale of Assets ,
Section 363
Earlier this year, the FDIC, acting as receiver for Silicon Valley Bank (“SVB”), filed a breach of fiduciary duty lawsuit against six officers and eleven directors of the bank. The FDIC alleged that these individuals ignored...more
4/30/2025
/ Banks ,
Board of Directors ,
Breach of Duty ,
Corporate Governance ,
Creditors ,
Delaware General Corporation Law ,
Fiduciary Duty ,
Financial Distress ,
Insolvency ,
Popular ,
Shareholders
Third-party releases may no longer provide a shield to owners and directors of a reorganized company. Still, a New York bankruptcy court recently paved the way for another constructive solution for the individual owner of a...more
The most notable decision in the bankruptcy world in 2024 was the Supreme Court’s decision in Purdue Pharma. Harrington v. Purdue Pharma, L.P., 144 S. Ct. 2071 (2024). At the heart of the fight in Purdue Pharma were...more
1/2/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Harrington v Purdue Pharma L P ,
Non-Consensual Rights ,
Non-Debtors ,
Opioid ,
Pharmaceutical Industry ,
Purdue Pharma ,
Release of Claims ,
SCOTUS ,
Third-Party