Bankruptcy Articles

Selected articles on bankruptcy topics

  • Real Estate Sales Free and Clear of Unexpired Leases Under § 363(f)

    Real Estate Sales Free and Clear of Unexpired Leases Under § 363(f)

    Once a landlord files for bankruptcy protection, what options will the trustee have in dealing with their remaining tenants?

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  • Clientron Corp. v. Devon IT, Inc.

    Clientron Corp. v. Devon IT, Inc.

    The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction.

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  • Spanish Peaks: What Happens When Leases Collide with a Bankruptcy Sale?

    Spanish Peaks: What Happens When Leases Collide with a Bankruptcy Sale?

    "If the trustee rejects an unexpired lease, then the lessee may retain its appurtenant possessory rights in the property for the balance of the lease term."

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  • A Big Stretch for Bankruptcy Jurisdiction: SPV OSUS v. UBS

    A Big Stretch for Bankruptcy Jurisdiction: SPV OSUS v. UBS

    "[SPV OSUS Ltd. v. UBS AG] is notable for its expression of the Second Circuit’s rather extraordinary view of “related to” bankruptcy jurisdiction."

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  • Own Houses in Different States, Claim a Homestead Exemption & Plan to Leave?

    Own Houses in Different States, Claim a Homestead Exemption & Plan to Leave?

    "The bankruptcy court in Felgner identified 10 factors from Murphy that are relevant in determining domicile: [...]"

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  • IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged

    IRS Can't Use Mistaken But Good Faith Belief That Debt Hadn't Been Discharged

    Under 26 USC §7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge order.

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  • Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling

    Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling

    "[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"

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  • In re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract

    In re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract

    In conjunction with a § 363 sale, do not make any assumptions that certain contracts have been impliedly assumed, even if the buyer’s course of conduct might indicate that.

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  • Can You Lose a Licensed Mark in Bankruptcy? Reality and Considerations

    Can You Lose a Licensed Mark in Bankruptcy? Reality and Considerations

    Parties can build in protections that reduce the risk of rejection in bankruptcy, including placing the trademarks in a separate bankruptcy protected or remote entity and/or obtaining a lien [...]

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  • Reverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold

    Reverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold

    Venezuela insisted that the Crystallex judgment would never be paid so it engineered a “reverse fraudulent transfer” to take assets out of the U.S. and back to Venezuela to avoid creditor claims.

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  • Supreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions

    Supreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions

    A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee[...] may claw back preferences and constructive fraudulent transfers.

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  • Tax Reform for Restructuring Lawyers

    Tax Reform for Restructuring Lawyers

    [T]here are a number of provisions that restructuring lawyers should be aware of in the once-in-a-generation tax reform bill signed by President Trump on Dec. 22, 2017.

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  • Ethical Use of Artificial Intelligence in the Legal Industry: The Rules of Professional Conduct

    Ethical Use of Artificial Intelligence in the Legal Industry: The Rules of Professional Conduct

    Although there is currently no case law guidance regarding the ethical use of AI in the legal industry, the Rules continue to guide lawyer conduct in an ever-changing technological environment.

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  • A Different Sort of Tax Refund: The Ninth Circuit Allows Debtors in Possession to Recover Tax Payments to the IRS Under § 544(b)

    A Different Sort of Tax Refund: The Ninth Circuit Allows Debtors in Possession to Recover Tax Payments to the IRS Under § 544(b)

    In re DBSI Inc., offers new precedent that swings the balance back toward debtors and general unsecured creditors at the expense of the IRS.

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  • Medical Lien Mgmt, Inc. v. Dampier

    Medical Lien Mgmt, Inc. v. Dampier

    The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units.

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  • Pittner v. Castle Peak 2011-1 Loan Trust

    Pittner v. Castle Peak 2011-1 Loan Trust

    Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated.

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  • Reinbold v. Thorpe (In re Thorpe)

    Reinbold v. Thorpe (In re Thorpe)

    Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed.

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  • Tension Within Chapter 11: Break-Up Fee Enforceability and In re Energy Future Holdings

    Tension Within Chapter 11: Break-Up Fee Enforceability and In re Energy Future Holdings

    Energy Future Holdings demonstrates the tradeoff underlying two important legal standards.

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  • 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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