On August 21, 2024, the U.S. Bankruptcy Court for the Southern District of Texas held that, while the debtor breached an agreement arising from an uptier transaction, the creditor was limited to a breach of contract claim and...more
On July 25, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy court’s approval of a break-up fee and expense reimbursement owed to a debtor’s prior lender, after the lender was not the winning bidder...more
On August 3, 2023, the U.S. Bankruptcy Court for the Southern District of Texas found that the majority of the shares of stock of a reorganized debtor should be allocated to unsecured creditors, and not the secured creditors,...more
10/13/2023
/ Avoidance ,
Bankruptcy Court ,
Debtors ,
Deed of Trust ,
Leases ,
Lenders ,
Liens ,
Noteholders ,
Reorganizations ,
Texas ,
Unsecured Debt ,
Waivers
On September 19, 2022, the U.S. Bankruptcy Court for the Western District of Pennsylvania found that secured lenders could not “hide behind” a consent and a release to avoid the review of the commercial reasonableness of a...more
On June 3, 2022, the U.S. Bankruptcy Court for the Northern District of Texas refused to extend the “ponzi-scheme presumption” in connection with an actual intent fraudulent transfer claim because there was no actual ponzi...more
On June 11, 2018, Mission Product Holdings, Inc. (“MPHI”), a developer of chemical free cooling fabrics, petitioned the U.S. Supreme Court for a writ of certiorari to resolve a circuit split on whether a licensee’s right to...more