Bankruptcy Articles

Selected articles on bankruptcy topics

  • Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    [...]Is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)? The legislative history behind § 101(54) suggests that the answer is “Yes.”

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  • In re Haler

    In re Haler

    Oral statement that company was in "very fine legally [sic] financial shape" & had "plenty of cash to operate" is within exception under 523(a)(2)(A) so the debt was dischargeable. Judgement reversed.

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  • Kramer v. Mahia

    Kramer v. Mahia

    The 2d Circuit Court of Appeals affirmed the district court’s judgment, finding that five of the appellant’s arguments were meritless for the same reasons stated in the district court's order.

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  • Hanjin Sends Emergency S.O.S: Provisional Relief in § 1519(a) of the U.S. Bankruptcy Code

    Hanjin Sends Emergency S.O.S: Provisional Relief in § 1519(a) of the U.S. Bankruptcy Code

    International companies are increasingly using chapter 15 of the U.S. Bankruptcy Code to implement cross-border restructurings.

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  • New Publication: Consumer Bankruptcy (4th Edition)

    New Publication: Consumer Bankruptcy (4th Edition)

    ABI's essential guide to all aspects of consumer bankruptcy practice, updated with relevant case references and recent court decisions. Available for purchase at store.abi.org.

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  • Millennium: At the Intersection of Stern v. Marshall and Third-Party Releases

    Millennium: At the Intersection of Stern v. Marshall and Third-Party Releases

    The issue of nonconsensual third-party releases in chapter 11 plans continues to generate litigation.

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  • Committees Have an Unconditional Right to Intervene — Subject to Certain Caveats

    Committees Have an Unconditional Right to Intervene — Subject to Certain Caveats

    The Financial Management decision can be used as a tool for committees and other parties-in-interest seeking intervention.

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  • Evans v. Otimo: Revisiting Issue Preclusion in the Second Circuit

    Evans v. Otimo: Revisiting Issue Preclusion in the Second Circuit

    Creditors contemplating discharge proceeding pursuant to § 523(a)(2)(A)’s fraud provision should be mindful of several potential pitfalls before assuming prior state judgment applies.

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  • Liquidating Liquor Licenses in Bankruptcy

    Liquidating Liquor Licenses in Bankruptcy

    When restaurants and bars fail, liquor licenses are frequently the only remaining valuable asset - and can be worth a lot of money.

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  • Labor Considerations in Higher Education Restructurings

    Labor Considerations in Higher Education Restructurings

    In 2016, 763 higher education institutions closed - what are some of the reasons, and what can schools do to avoid the same fate?

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  • New Publication: A Business Creditor's Guide to Distressed Vendors, Debt Collection and Bankruptcy

    New Publication: A Business Creditor's Guide to Distressed Vendors, Debt Collection and Bankruptcy

    New guide offers insight into why businesses fail, the FDCPA, relevant chapters of the Bankruptcy Code and much more. Available for purchase at store.abi.org.

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  • Third Circuit Joins Other Circuits in Holding WARN Act Exception’s Standard Is “Probable,” not “Possible”

    Third Circuit Joins Other Circuits in Holding WARN Act Exception’s Standard Is “Probable,” not “Possible”

    Russian bank's involvement in Eclipse Aviation case leads court to adopt a new standard that "strikes an appropriate balance" in WARN Act protection cases.

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  • VOLO: Khan v. Xenon Health, LLC

    VOLO: Khan v. Xenon Health, LLC

    Khan withdrew his proof of claim so he is not a party in interest and has no standing to object to Xenon Health’s proof of claim.

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  • The Puerto Rico “Bankruptcy”: A Cheat Sheet

    The Puerto Rico “Bankruptcy”: A Cheat Sheet

    Title III and PROMESA proceedings in Puerto Rico will shape future municipal restructurings.

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  • Courts Split Over Interpretation of CIMLA Provisions Regarding Suppliers’ Maritime Liens Against Vessels

    Courts Split Over Interpretation of CIMLA Provisions Regarding Suppliers’ Maritime Liens Against Vessels

    Courts split over maritime liens regarding deliver of necessary supplies: factual inquiry and contractual obligation.

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  • Circuit Court Split: The One-Day-Late Rule and Dischargeability of Tax Debt

    Circuit Court Split: The One-Day-Late Rule and Dischargeability of Tax Debt

    Section 727(b) of the Bankruptcy Code provides for the discharge of debts that arose prior to the petition date.

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  • Canadian Recognition of U.S. Bankruptcy Proceedings: Not Always a Rubber Stamp for First-Day Orders

    Canadian Recognition of U.S. Bankruptcy Proceedings: Not Always a Rubber Stamp for First-Day Orders

    Moreover, foreign recognition of first-day orders in cross-border insolvencies, particularly in Canada-U.S. ones, have been dealt with in a context of a high degree of mutual deference and collaborati

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  • Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims - Part 1

    Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims - Part 1

    The U.S. Supreme Court recently weighed in on whether the filing of a proof of claim could give rise to a violation of the Fair Debt Collection Practices Act (FDCPA).

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  • Treatment of HIPAA-Protected Information in Bankruptcy Acquisitions of Distressed Health Care Companies

    Treatment of HIPAA-Protected Information in Bankruptcy Acquisitions of Distressed Health Care Companies

    By making previously undesirable and worthless companies valuable, the Bankruptcy Code maximizes value, maintains the distressed business as a going concern, and produces recoveries to creditors where

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  • Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims – Part 2

    Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims – Part 2

    Although proofs of claim can be superficially reviewed using formulaic rules to help isolate claims that are potentially subject to a limitations defense, a nuanced understanding of the issues identif

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