A third-party injunction in a chapter 11 bankruptcy is generally used to protect a non-bankrupt entity from liability that is shared with, or derivative of, a bankrupt entity. Third-party injunctions are difficult to obtain...more
The ability of a chapter 11 going-concern debtor to be discharged from its prepetition liabilities is common place and not controversial. 11 U.S.C. § 1141(d). However, the ability of a debtor to release third-party...more
Justice Breyer of the Supreme Court previously recognized that a chapter 11 bankruptcy case can generally lead to the following results:
..reorganization through a confirmed chapter 11 plan, where a deal with creditors...more
Everyone is likely familiar with the chapter 11 bankruptcy of The Weinstein Company (“TWC“), an former film and production studio that previously produced and distributed featured films and premium television content...more
Bankruptcy cases involving commercial real estate present a multitude of problems. Those problems typically arise in the context of voluntary cases filed under chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1532...more
7/7/2021
/ Automatic Stay ,
Bad Faith ,
Bankruptcy Plans ,
Chapter 11 ,
Collateral ,
Commercial Bankruptcy ,
Cramdown ,
Debt Restructuring ,
Distressed Properties ,
Mortgage Lenders ,
Mortgages ,
Secured Debt
Amidst a global pandemic, there were plenty of interesting bankruptcy and restructuring events and changes that occurred in 2020. We saw new Bankruptcy Code amendments go into effect (through the Small Business Reorganization...more
1/5/2021
/ Bankruptcy Code ,
Breach of Duty ,
CARES Act ,
Chapter 11 ,
Chapter 7 ,
Class Action ,
Commercial Bankruptcy ,
Creditors ,
Debt Restructuring ,
Debtors ,
Fraudulent Transfers ,
Limited Liability Company (LLC) ,
Membership Interest ,
Reclamation ,
Small Business Reorganization Act of 2019 (SBRA) ,
Standing ,
WARN Act