The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | February 27, 2024
Continuing our series on distressed real estate cases, we again decided to report on two cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender, which was approved. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case, which was denied.
The American Lawyer | Analysis
By Dan Roe | February 27, 2024
Class-action plaintiffs and an appellate judge are curious about the regulatory and M&A work Sullivan & Cromwell did for FTX before the exchange collapsed.
New York Law Journal | Analysis
By Corinne Ball | February 21, 2024
This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden S. Dahrouge | February 9, 2024
The now infamous Chapter 11 bankruptcy case of FTX Trading Ltd. (FTX), once a multibillion-dollar cryptocurrency company, has reemerged in a dispute over this very important issue. On appeal, the U.S. Court of Appeals for the Third Circuit recently held that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | February 2, 2024
In In re Kojima, the U.S. District Court for the Central District of California (the court) affirmed a bankruptcy court's order approving a Chapter 7 trustee's proposed settlement of cannabis-related state court claims held by creditors of the estate.
By Ellen Bardash | February 1, 2024
Bankruptcy experts are now expecting to see a steady stream of Chapter 11 filings continue throughout 2024, though not with a year-over-year jump like 2023's.
By Amanda Bronstad | January 23, 2024
The amicus briefs, filed on Monday, support a petition from an claimants committee in the Bestwall LLC bankruptcy for the U.S. Supreme Court to reverse an injunction order blocking mesothelioma victims from pursing their asbestos lawsuits.
Delaware Business Court Insider
By Mark E. Felger and Simon E. Fraser | January 17, 2024
A Nov. 14 opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
By Brad Jones | January 8, 2024
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
By Corinne Ball | December 27, 2023
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent case "In re Envision Healthcare Corp," where the Bankruptcy Court for the Southern District of Texas confronted an apparent conflict between applicable Delaware law and the Bankruptcy Code, determining that the Bankruptcy Code overrides state law and protects a debtor from expulsion by its fellow LLC members.
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