Settlement, Trustees, Debtors

Adversary Proceedings in Bankruptcy: What to Expect and Why They Matter

Felicello Law PC on 5/19/2025

You may recall Rudy Giuliani’s recent legal woes. First, he lost a defamation lawsuit and faced a judgment of $148.1 million. Then, after he filed for bankruptcy protection, he faced an adversary proceeding to determine his...more

Asbestos Bankruptcy Trusts Announce Intent to Destroy Data and Documents

Goldberg Segalla on 3/21/2025

Earlier this year, at least four asbestos bankruptcy trusts including WR Grace, Babcock & Wilcox, Pittsburgh Corning and Owens Corning, issued notices regarding their intent to destroy data and documents submitted by...more

Bankruptcy Court Frowns on SmileDirect’s Dismissal Request

Proskauer Rose LLP on 3/14/2024

There is a growing trend of bankruptcy courts approving structured dismissals of chapter 11 cases following a successful sale of a debtor’s assets under section 363 of the Bankruptcy Code. A structured dismissal is a...more

A Plaintiff’s Bankruptcy Created a Pathway to Settlement

Perkins Coie on 10/11/2018

The U.S. Court of Appeals for the Ninth Circuit recently reminded litigants that a plaintiff’s bankruptcy can benefit a defendant by providing an alternative settlement path. The plaintiff’s bankruptcy trustee can settle...more

Delaware District Court Dismisses Appeal by Creditors’ Committee After Case is Converted from Chapter 11 to Chapter 7

Patterson Belknap Webb & Tyler LLP on 3/30/2018

The Bankruptcy Code provides for the appointment of a creditors’ committee in chapter 11 bankruptcy cases. See 11 U.S.C. § 1102. There is no parallel provision applicable to chapter 7 cases. When a bankruptcy case is...more

Settlement Proceeds: When Does Cash Become Quasi Real Estate?

Troutman Pepper on 9/2/2015

Farmer v. Citizens Nat’l Bank of Athens (In re Davis), 528 B.R. 757 (Bankr. E.D. Tenn. 2015) – A chapter 7 trustee sought a court determination that the trustee had a superior claim to settlement proceeds arising from...more