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
Traditional avoidance actions under the Bankruptcy Code, i.e., preferences and fraudulent transfers, have laudable goals: (a) to provide equal treatment to creditors of an insolvent company and (b) to claw back otherwise...more
7/2/2021
/ Avoidance ,
Bankruptcy Code ,
Chapter 7 ,
Clawbacks ,
Commercial Bankruptcy ,
Construction Contracts ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Fraudulent Transfers ,
Pleading Standards ,
UFTA
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