Bankruptcy trustees and chapter 11 debtors-in-possession (“DIPs”) frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable...more
The finality of asset sales in bankruptcy is an indispensable feature of U.S. bankruptcy law designed to maximize the value of a bankruptcy estate as expeditiously as possible for the benefit of all stakeholders. To promote...more
5/23/2025
/ 363 Sales ,
Appeals ,
Appellate Courts ,
Bankruptcy Code ,
Bankruptcy Court ,
Buyers ,
Chapter 11 ,
Collateral ,
Commercial Bankruptcy ,
Good Faith ,
Mootness ,
Property Ownership ,
Sale of Assets ,
Section 363 ,
Trustees
One year ago, we wrote that 2022 would be remembered in the corporate bankruptcy world for the “crypto winter” that descended in November 2022 with the spectacular collapse of FTX Trading Ltd., Alameda Research, and...more
2/8/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Fraudulent Transfers ,
Restructuring ,
Securities Contracts ,
Trustees ,
UFTA
The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S....more
2/8/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Debtors ,
Financial Institutions ,
Financial Services Industry ,
Fraudulent Transfers ,
Investment ,
Merger Agreements ,
Popular ,
Safe Harbors ,
Securities Contracts ,
Shareholders ,
Trustees ,
Unjust Enrichment