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U.S. Bankruptcy Court for the Southern District of Texas Denies Motion for Summary Judgment in Case Challenging “Uptier”...

On January 14, 2024, the U.S. Bankruptcy Court for the Southern District of Texas largely denied cross motions for summary judgment on aggrieved noteholders’ claims arising from a so-called “uptier” transaction. In 2019,...more

Bankruptcy Court Determines that Dividend Payments Permitted Under Subordinated Loan Agreement Are Not Fraudulent Conveyances

On January 18, 2024, the U.S. Bankruptcy Court for District of South Carolina entered judgment, after a bench trial, in favor of minority shareholders of a debtor whose liquidating trust had sued to recover dividend payments...more

Aiding and Abetting Breach of Fiduciary Duty Claims Against Lender Survive Motion to Dismiss

On April 26, 2023, the U.S. Bankruptcy Court for the District of Delaware denied in part and granted in part motions to dismiss a chapter 7 trustee’s breach of fiduciary duty and aiding and abetting claims. The defendants...more

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