Section 363(o) Implications: Bankruptcy Court Denies Debtor’s Request to Disband Consumer Creditors’ Committee

By Kyle Arendsen on June 11, 2019

On May 17, 2019, the Bankruptcy Court for the Southern District of New York announced that the Official Committee of Consumer Creditors (the “Consumer Committee”) appointed in the In re Ditech Holding Corp. bankruptcy case would not be disbanded. Ditech, supported by the ad hoc group of term loan lenders (the “Ad Hoc Group”), had filed a motion requesting that the Consumer Committee be disbanded or alternatively have a limited scope and budget. After receiving…

eSQUIRE Global Crossings

The Small Business Reorganization Act Reintroduced: A Way Forward for Small Business Reorganization?

By Kyle Arendsen on April 23, 2019

Last month, Congress reintroduced the Small Business Reorganization Act (“SBRA”), under which a new subchapter V would be added to chapter 11 of the United States Bankruptcy Code. This new subchapter would provide small businesses with aggregate liabilities that do not exceed $2,566,050 with an opportunity to resolve outstanding liabilities through a streamlined and cost‑effective chapter 11 bankruptcy proceeding. The SBRA also offers small business owners the opportunity to preserve their ownership interest in…

eSQUIRE Global Crossings

Seventh Circuit Keeps The Door Open After Asset Sale And Limits The Scope of Section 363(m)

By Kyle Arendsen on March 21, 2019

Section 363 of the Bankruptcy Code provides a debtor with the power to sell its assets during the bankruptcy case free and clear of all interests. This permits the debtor to maximize the value of its assets and hence the recovery for creditors. But that is not always the end of the story. In Trinity 83 Development, LLC v. ColFin Midwest Funding, LLC, the Seventh Circuit Court of Appeals faced the issue of whether…

Kyle Arendsen

Section 363(o) Implications: Bankruptcy Court Denies Debtor’s Request to Disband Consumer Creditors’ Committee

The Small Business Reorganization Act Reintroduced: A Way Forward for Small Business Reorganization?

Seventh Circuit Keeps The Door Open After Asset Sale And Limits The Scope of Section 363(m)

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