Although a liquidating trustee’s actions are restricted by a confirmed plan, Arrowsmith functioned as chief...
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Article on ABI's creation of the Diversity Working Group
Although a liquidating trustee’s actions are restricted by a confirmed plan, Arrowsmith functioned as chief restructuring officer while the future confirmed plan was in the works.
Keep track of legislation focused on debt and insolvency.
U.S. Senators Tammy Baldwin (D-Wis.) and John Cornyn (R-Texas) on March 7 introduced the bipartisan Honoring American Veterans in Extreme Need (HAVEN) Act to protect the economic security and well.
Evidence only showed Plaintiffs may have had a breach of contract action [...]
"the court limited the allowance of the substantial-contribution claim to those fees and expenses directly related to procuring contingency-fee counsel and the costs related to copying records"
BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case.
Once a landlord files for bankruptcy protection, what options will the trustee have in dealing with their remaining tenants?
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction.
"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."
"[SPV OSUS Ltd. v. UBS AG] is notable for its expression of the Second Circuit’s rather extraordinary view of “related to” bankruptcy jurisdiction."
"The bankruptcy court in Felgner identified 10 factors from Murphy that are relevant in determining domicile: [...]"
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.
"[...]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"
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.
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 [...]
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.
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.