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News and information on bankruptcy and bankruptcy law
By Robert W. Dremluk | September 17, 2023
On Aug. 10, 2023, the U.S. Supreme Court stayed a decision of the U.S. Court of Appeals for the Second Circuit that held that nonconsensual third-party releases of direct claims against nondebtors are statutorily permitted under sections 105(a) and 1123(b)(6) of the Bankruptcy Code and that the court's case law allows for nonconsensual third-party claim releases in specific circumstances.
8 minute read
By Jane Wester | September 12, 2023
U.S. District Judge Analisa Torres took the guilty plea from ex-lawyer John Roesser, who was a partner at a series of major firms.
3 minute read
By Amanda O'Brien | September 12, 2023
Virage Capital asserts that the two partners at the bankrupt Philadelphia firm have been misusing collateral pledged to a 2017 loan that's now in arrears.
5 minute read
By ALM Staff | September 11, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Theresa A. Driscoll | September 11, 2023
In the 45 years since the enactment of the Bankruptcy Code, the Chapter 11 process has been successfully used by companies to address and resolve mass tort liabilities. However, what were once considered legitimate uses of Chapter 11 may now be rejected by bankruptcy courts as bad faith filings.
8 minute read
By Francis J. Lawall and Marcy J. McLaughlin Smith | September 7, 2023
The court affirmed the U.S. District Court for the Southern District of New York's decision that notes issued from the syndicated loan transaction were not securities under the application of the test set forth in the U.S. Supreme Court's decision in Reves v. Ernst & Young.
8 minute read
By Andrew C. Kassner and Joseph N. Argentina Jr. | September 1, 2023
The court found that a contract to produce a documentary television series by a media company was not a personal services contract under applicable nonbankruptcy law and approved assignment of the contract to the company's secured lenders in connection with the lenders' purchase of the debtors' business.
7 minute read
Delaware Business Court Insider
By Ellen Bardash | August 31, 2023
Both Purdue Pharma and the Boy Scouts of America have approved plans that release the claims of third parties without requiring those parties' consent. In both cases, objectors say bankruptcy courts don't have the authority to approve plans that include that type of release.
5 minute read
By Ellen Bardash | August 31, 2023
Both Purdue Pharma and the Boy Scouts of America have approved plans that release the claims of third parties without requiring those parties' consent. In both cases, objectors say bankruptcy courts don't have the authority to approve plans that include that type of release.
5 minute read
By Seth Kleinman, Sean Daly and Darren Smolarski | August 30, 2023
Lenders holding a majority of loans in a syndicated debt instrument notched another win in the non-pro rata refinancing wars when the U.S. Bankruptcy Court for the Southern District of Texas issued an opinion approving confirmation of the Chapter 11 plan of Serta Simmons Bedding and its affiliated debtors.
9 minute read
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