The Bankruptcy Court in Delaware recently denied a request for an administrative expense claim to an entity that tried but failed to buy a debtor’s key assets. The decision arises out of the first of three attempts by...more
8/9/2018
/ Administrative Expenses ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Competitive Bidding ,
Contribution Claims ,
Creditors ,
Debtors ,
Merger Agreements ,
Purchasers
The Bankruptcy Code provides for the appointment of a creditors’ committee in chapter 11 bankruptcy cases. See 11 U.S.C. § 1102. There is no parallel provision applicable to chapter 7 cases. When a bankruptcy case is...more
3/30/2018
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Bylaws ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Dissolution ,
Creditors ,
Czyzewski v Jevic Holding Corp ,
Debtors ,
Due Process ,
Settlement ,
Transfer of Rights ,
Trustees
This post reviews some concepts concerning executory contracts. The ground covered will be familiar to insolvency experts and should be insightful for readers who don’t specialize in U.S. bankruptcy law.
The springboard...more
3/21/2018
/ Bankruptcy Code ,
Bankruptcy Court ,
Business Ownership ,
Business Transfer Agreements ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Executory Contracts ,
Insolvency ,
Non-Disparagement Provisions ,
Settlement Agreements
In U.S. Bank Nat'l Ass'n v. Village at Lakeridge, LLC, No. 15-1509, 2018 U.S. LEXIS 1520 (Mar. 5, 2018), the Supreme Court analyzed the appropriate standard of review for appellate courts reviewing a bankruptcy court’s...more
3/15/2018
/ Appellate Review ,
Arms Length Transactions ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Clear Error Standard ,
Commercial Bankruptcy ,
Cramdown ,
De Novo Standard of Review ,
Debtor-Creditor ,
Non-Statutory Insider Status ,
Reaffirmation ,
Reorganizations ,
SCOTUS ,
US Bank National Association v Village at Lakeridge
Section 1141(d)(6)(A) and section 523(a)(2) of the Bankruptcy Code together provide that debts owed by a corporation to a government entity are not dischargeable if such debts were obtained by false representations. Does this...more
In Dahlin v. Lyondell Chemical Co., 2018 U.S. App. LEXIS 1956 (8th Cir. Jan. 26, 2018), the Eighth Circuit Court of Appeals rejected an argument that bankruptcy debtors were required by due process to provide more prominent...more
2/2/2018
/ Appeals ,
Books & Records ,
Chapter 11 ,
Creditors ,
Debt ,
Debtors ,
Dischargeable Debts ,
Due Process ,
Federal Rules of Bankruptcy Procedure ,
Foreseeability ,
Notice Requirements ,
Summary Judgment
This post examines an interesting intersection between bankruptcy and tax laws: if a corporation terminates its Subchapter S status pre-bankruptcy, can a bankruptcy trustee bring fraudulent transfer claims against the...more
12/14/2017
/ Anti-Kickback Statute ,
C-Corporation ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
False Claims Act (FCA) ,
Fraudulent Transfers ,
Involuntary Liquidation ,
S-Corporation ,
Shareholders ,
Split of Authority ,
Tax Refunds
Equitable mootness is a judge-made remedy that is misnamed. Judges apply it to seek an equitable result, but mootness in the constitutional sense is absent.
Article III, section 2 of the U.S. Constitution bars federal...more
In the Second U.S. Circuit, the so-called Wagoner rule deprives a trustee of standing to sue third parties, such as lawyers and investment bankers, if the bankrupt corporation participated with them in defrauding creditors. A...more