Chapter 15 of the Bankruptcy Code (which is based upon the UNCITRAL Model Law on Cross-Border Insolvency) is designed to facilitate cross-border cooperation and coordination among courts during a pending bankruptcy or...more
One feature commonly seen in commercial lending transactions is a waiver of the borrower’s authority to file for bankruptcy without the consent of the lender. While such “blocking” provisions are generally upheld where the...more
3/31/2023
/ Bankruptcy Court ,
Chapter 11 ,
Chapter 7 ,
Chapter 7 Conversions ,
Commercial Bankruptcy ,
Commercial Loans ,
Consent ,
Debt-Equity ,
Lenders ,
Limited Liability Company (LLC) ,
LLC Agreements ,
Managing Members ,
Members ,
Secured Debt ,
Waivers
When enacting the Bankruptcy Code, Congress sought to strike a balance amid the confluence of different — and often competing — interests held by debtors, secured creditors and various unsecured creditor constituencies...more