Bankruptcy trustees and chapter 11 debtors-in-possession (“DIPs”) frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable...more
Established in 2015 as a trusted neutral forum to meet increasing demand for effective transnational dispute resolution, the Singapore International Commercial Court (the “SICC”) is a division of the General Division of the...more
3/29/2024
/ Arbitration ,
Arbitration Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Disclosure Requirements ,
Federal Rules of Bankruptcy Procedure ,
Restructuring
Even after a bankruptcy court has confirmed a chapter 11 plan, changed circumstances prior to the plan's implementation and "substantial consummation" might make alterations to the plan necessary. If a proposed change is...more
Health Care Provider Bankruptcy Update: Patient Care Ombudsman Not Necessary In Every Health Care Business Bankruptcy Case -
Recent headlines have starkly illuminated the headwinds facing health care providers struggling...more
12/12/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Banks ,
Chapter 11 ,
Chapter 7 ,
Chapter 9 ,
Corporate Restructuring ,
Debtors ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Non-Debtors ,
Ombudsman ,
Patients ,
Substantive Consolidation
Recent headlines have starkly illuminated the headwinds facing health care providers struggling to recover from a host of financial pressures. Many providers have resorted to filing for bankruptcy protection as a way, among...more
12/11/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 7 ,
Debtors ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Medicaid ,
Medicare ,
Ombudsman ,
Patients
The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for...more
New York Bankruptcy Court Rules That Good Faith Is Not The Gatekeeper To Chapter 15 -
Despite the absence of any explicit directive in the Bankruptcy Code, it is well understood that a debtor must file a chapter 11...more
11/10/2021
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 15 ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Good Faith ,
Insolvency ,
Leveraged Buyout
Courts disagree over whether provisions in a borrower's organizational documents designed to prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy or applicable state law. There...more
In a highly anticipated decision, the U.S. Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order dismissing a chapter 11 case filed by a corporation without obtaining—as required by its corporate...more
10/11/2018
/ Acquisitions ,
Automatic Stay ,
Bankruptcy Court ,
Borrowers ,
Chapter 11 ,
Controlling Stockholders ,
Corporate Charters ,
Creditors ,
Delaware General Corporation Law ,
Fiduciary Duty ,
Forbearance Agreements ,
Franchises ,
Lenders ,
Mergers ,
Private Equity ,
Public Policy