A bankruptcy court in New Jersey recently granted a debtor’s motion to dismiss the counterclaims of two creditors who purchased a percentage of the debtor’s future receivables prepetition. The court rejected the creditors’...more
8/29/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Disputes ,
Creditors ,
Debtors ,
Debtors-in-Possession ,
Declaratory Judgments ,
Executory Contracts ,
Lien Priority ,
Liens ,
Loan Agreements
The U.S. bankruptcy system is generally an efficient mechanism for companies and individuals seeking to restructure their debts and obtain a fresh start. However, the effectiveness of the bankruptcy system relies on integrity...more
Section 548 of the bankruptcy code authorizes a trustee, debtor, or other appropriate party to avoid actual and constructive fraudulent transfers that occurred prepetition. In order to prove that a transfer was an actual...more
Under federal law, a debtor may be criminally prosecuted for various kinds of misconduct in connection with a bankruptcy case, including concealing assets, falsifying information, embezzlement, or bribery. See 18 U.S.C. §§...more
8/27/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Bribery ,
Commercial Bankruptcy ,
Corporate Misconduct ,
Criminal Prosecution ,
Debtors ,
Embezzlement ,
Falsified Documents ,
Fraudulent Concealment ,
Indictments
At a hearing in mid-March, the Delaware bankruptcy court held Camshaft Capital Fund, LP, Camshaft Capital Advisors, LLC, Camshaft Capital Management (collectively, “Camshaft”) and William Cameron Morton, principal of...more
The United States Trustee Program is responsible for the efficient administration of bankruptcy cases throughout most of the country. Since 1986, the Trustee Program has covered all states except North Carolina and Alabama,...more
On June 30, the Supreme Court ruled that the Biden administration did not have authority to forgive student loans under the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). Despite this defeat,...more
7/25/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Biden Administration ,
Brunner/Gerhardt Test ,
Class Action ,
Debt ,
Higher Education Act ,
Loan Forgiveness ,
Relief Measures ,
SCOTUS ,
Student Loans ,
Students ,
Unsecured Debt
On May 8, cryptocurrency platform Bittrex filed for chapter 11 in Delaware. Bittrex’s first day filings emphasize that, unlike many other crypto filings over the past year, this case is not a “free fall” bankruptcy. In...more
Although in the Ninth Circuit the decision to revisit an order under FRCP 60 is “highly discretionary,” judges still must explicitly grapple with the relevant factors. That was the clear message sent by Judge Haywood Gilliam...more
5/2/2023
/ Appeals ,
Bankruptcy Court ,
California ,
Chapter 11 ,
Class Action ,
Commercial Bankruptcy ,
Commercial Litigation ,
Investors ,
PG&E ,
Remand ,
Securities Litigation
Another domino has fallen. Earlier this year, we wrote about the challenges facing the crypto industry that resulted in the bankruptcy filings of Three Arrows Capital, Celsius Network, and Voyager Digital. We noted that...more
As a result of Purdue Pharma’s proposed plan of reorganization, and the ongoing opioid epidemic that continues to grip the nation, the debate over non-consensual third-party releases has gone mainstream despite being a...more