In a recent case from the Bankruptcy Court for the District of South Carolina, Defeo v. Winyah Surgical Specialists, P.A., AP No. 21-80011 (In re Defeo, C/N 20-03738) (September 27, 2021), Bankruptcy Judge John E. Waites...more
United States Bankruptcy Judge John E. Waites approved a sale of substantially all the assets of a small business Chapter 11 Debtor over the protests of a “Stalking Horse” bidder who claimed the successful bidder was acting...more
9/30/2020
/ Asset Purchase Agreements ,
Bad Faith ,
Bankruptcy Code ,
Chapter 11 ,
Coronavirus/COVID-19 ,
Good Faith ,
Motion To Reconsider ,
Motion To Stay ,
Small Business ,
Stalking Horse Bids ,
Third-Party
A recent case from the Bankruptcy Court for the District of South Carolina holds that filing a case “addressing residual business debt” is sufficient to meet the requirement of “engage[ment] in commercial or business...more