Here’s an aggregation of some of my Twitter posts from May 1-6, 2018, with links to important cases, articles, and news briefs that restructuring professionals will find of interest. Don’t hesitate to reach out and contact me to discuss any posts. May 1 – 6, 2018 BK RELATED CASES: 3d Cir:  “The BK Ct didn’t consider the faster payment rate in isolation. Rather, it considered the 19 day difference in the context of the parties’ relationship, similarity…

Here’s an aggregation of some of my Twitter posts from April 23-30, 2018, with links to important cases, articles, and news briefs that restructuring professionals will find of interest. Don’t hesitate to reach out and contact me to discuss any posts.  APRIL 23 – 30, 2018 BK CASES: US Supreme Court:  Citing Marathon and Stern – “This Ct has not ‘definitively explained’ the distinction between public and private rights, and its precedents applying the public-rights doctrine have ‘not…

Here’s an aggregation of my daily Twitter posts from April 13-22, 2018,  linking to important cases, articles, and news briefs that restructuring professionals will find of interest. Don’t hesitate to reach out and contact me to discuss any posts. April 13 – 22, 2018 BK CASES: BAP-9: BAP-9 (Fitzhugh): BK court erred in applying the elements of § 727(d)(1) & (d)(2) bec Trustee had to prove, under both statutes, that he was unaware of the alleged fraud…

Here’s the second installment of My Twitter Feeds for Restructuring Professionals from April 2018.  Part 1 is here. APRIL 10-12, 2018 BK CASES: B-SDNY: “The issue in chapter 15 cases then is whether to recognize and enforce the foreign court order based on comity. Well-settled case law in the UK expressly authorizes third-party releases in scheme proceedings, particularly the release of affiliate-guarantees. The UK Court sanctioned the Avanti Scheme, and the Court concludes that the Avanti Scheme…

Thanks in large part to inspiration from the Seventh Circuit’s Chief Judge Diane Wood, it has been my habit since 2003 to review bankruptcy cases decided anywhere in the US sent to me via daily WESTLAW alerts. By 2013, however, with bankruptcy blogs proliferating, my 4 kids in grade school, junior high, and college, respectively, and everyone’s attention span narrowing as time demands multiplied exponentially, I found myself increasingly drawn to Twitter.  It’s on Twitter that…

This case should sufficiently concern private equity investors who extend secured credit, appoint a board member, are granted an option to purchase the business, and then foreclose and take over the business when the debtor–predictably–defaults. In this 12/8/17 decision (In re Comprehensive Power, Inc., 2017 WL 6327192, Bankr. D. Mass), Judge Panos notes that the lender (“Moog”) moved to dismiss the Chapter 7 Trustee’s recharacterization / fraudulent transfer complaint because “it is merely a non-insider creditor that extended a…

In October 2005, LexBlog went live with my Bankruptcy Litigation Blog, then the internet’s first bankruptcy-related blog and only the 16th blog that LexBlog had taken live. The blog had a strong 8 year run, earning more than 1 million substantive hits, including from courts in every federal district as well as the United States Supreme Court. Each year, new friendships developed, many of which have stood the test of time. By 2013, however, with…