Joining the Eighth and Ninth Circuit Courts of Appeals, the Fifth Circuit Court of Appeals recently held that a debtor or trustee can sell its avoidance actions to third-party, non-estate representatives. See Briar Capital...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
There is more than one way that a creditor of a bankrupt entity (or debtor) can directly prosecute its claims in bankruptcy. If the creditor is involved in prepetition litigation with the debtor, it could request relief from...more
7/8/2021
/ Automatic Stay ,
Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Defamation ,
Federal Rules of Bankruptcy Procedure ,
Intentional Infliction of Emotional Distress ,
Invasion of Privacy ,
Motion for Relief ,
Proof of Claims ,
State Law Claims
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