A recent decision from the US Bankruptcy Court for the Southern District of New York has drawn a sharp line for real estate owners seeking to use lender cash in bankruptcy.1 In denying Broadway Realty’s motion to access...more
Merchant cash advance (MCA) funding provides a quick, “non loan” alternative for small businesses desiring to access additional capital, and its use has become prevalent in the last decade. Given the speed at which MCA...more
Bankruptcy Court Elects to Follow Majority Interpretation of 11 U.S.C. § 363(f)(5)
On March 4, 2025, the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) issued a significant...more
On February 12, 2025, the US District Court for the District of Delaware issued a significant ruling in the case of HE, Inc. v. Avadim Holdings Inc. and Relion Holdings LLC. This decision arose from the Chapter 11 bankruptcy...more
2/26/2025
/ Asset Purchase Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Buyers ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Terms ,
Debtors ,
Enforcement Actions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patents ,
Sale of Assets ,
Settlement Agreements
In the ever-evolving landscape of insurance law, a recent decision by the Supreme Court has set a new precedent that could have far-reaching implications for insurers in bankruptcy cases. In the case of Truck...more
The US Supreme Court has recently issued a pivotal decision that has significant implications across various sectors, including legal, corporate, and public health. The decision settles a significant legal dispute that has...more
In In re CII Parent, Inc., the Bankruptcy Court for the District of Delaware affirmed a secured lender’s prepetition exercise of its proxy rights and its subsequent removal and replacement of the directors/managers of the...more
5/12/2023
/ Attorney-in-Fact ,
Automatic Stay ,
Board of Directors ,
Collateral Agreements ,
Commercial Bankruptcy ,
Debt-Equity ,
Equity Investors ,
Lenders ,
Loan Agreements ,
Loan Guaranties ,
Proxy Voting ,
Secured Debt ,
Subsidiaries ,
Voting Rights
It may be fair to say that non-US entities involved in a chapter 15 case, the mechanism through which US courts recognize foreign insolvency proceedings, do not anticipate having to litigate claims raised in the chapter 15...more