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Fifth Circuit Confirms the Value of Bid Protections in Section 363 Sales

On July 25, 2023, the United States Court of Appeals for the Fifth Circuit issued an important opinion protecting the rights of stalking horse bidders in Section 363 sales. In the Matter of Bouchard Transportation Company,...more

Read the Fine Print – Bankruptcy Court Holds Cryptocurrency in Interest Bearing 'Earn Accounts' to be Property of the Estate

When a company files for bankruptcy protection, Section 541 of the Bankruptcy Code creates an estate comprised of "all legal and equitable interest of the debtor in property." On July 15, 2022, Celsius Network LLC filed for...more

Subchapter V—Fourth Circuit Rules Not a Panacea for the Dishonest Debtor

In 2019, Congress enacted the Small Business Reorganization Act. This legislation created a new type of Chapter 11 reorganization under which certain businesses with total debts less than a certain threshold (currently $7.5...more

PG&E Bankruptcy Threatens Power Purchase Agreements

Pacific Gas and Electric Company and PG&E Corporation (together “PG&E”) filed for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of California on...more

Riding Through International Waters: Assumption and Assignment of Executory Contracts in a Chapter 15 Section 363 Sale

Section 365 of the Bankruptcy Code provides a mechanism for the assumption and assignment or rejection of executory contracts. However, sometimes a contract is overlooked and is not affirmatively assumed or rejected in a...more

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