In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve...more
7/1/2024
/ Appeals ,
Asbestos Litigation ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Harrington v Purdue Pharma L P ,
Mass Tort Litigation ,
Non-Consensual Rights ,
Non-Debtors ,
Opioid ,
Purdue Pharma ,
SCOTUS ,
Third-Party
Early Friday morning, March 17, 2023, SVB Financial, the former holding company of SVB, filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York, citing the...more
3/21/2023
/ Bank Holding Company ,
Bankruptcy Code ,
Bankruptcy Court ,
Banks ,
Bridge Banks ,
Broker-Dealer ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Financial Institutions ,
Popular ,
Subsidiaries ,
Venture Capital
In this episode of the Lowenstein Bankruptcy Lowdown, Andrew Behlmann and Phillip Khezri discuss the role of a creditors’ committee in Chapter 11 crypto bankruptcy cases in investigating, preserving, and pursuing causes of...more
In the second part of a discussion of crypto bankruptcies, Andrew Behlmann and Phillip Khezri examine crypto considerations in bankruptcy plans of reorganization, including classification of claims, impairment, and...more
The recent Chapter 11 filings of cryptocurrency platforms Voyager Digital and Celsius Network have abruptly introduced many investors and founders in this burgeoning industry to the bankruptcy process for the first time....more
Andrew Behlmann, partner in the firm’s Bankruptcy & Restructuring Department, breaks down last week’s decision by SDNY Judge McMahon to vacate confirmation of Purdue Pharma’s chapter 11 plan. Behlmann discusses the 142-page...more
Nothing is more frustrating to a trade creditor holding a large unpaid balance owed by a debtor in bankruptcy than the risk that payments the trade creditor received before the debtor filed bankruptcy may be clawed back by...more
6/1/2021
/ Administrative Expenses ,
Bankruptcy Code ,
Burden of Proof ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Creditors ,
Debtors ,
Financial Distress ,
Financial Solvency ,
Liquidation ,
New Value Exception ,
Ordinary Course of Business Defense ,
Perishable Agricultural Commodities Act (PACA) ,
SBA ,
Trade Credit ,
Transfers ,
Trustees ,
Vendors
In this Client Alert series, Lowenstein’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department will introduce the various restructuring tools available to help businesses avoid financial catastrophe in the...more