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Real Bankruptcy Intel
What We’re Reading This Week [September 13, 2021]
By Samuel R. Rabuck, Sean T. Scott, Aaron Gavant
Law360 reported that the U.S. Trustee’s Office filed a motion opposing a “death trap” provision contained in Avianca Holdings’ Chapter 11 plan of reorganization. In bankruptcy, so-called “death trap” provisions…
Herrick Restructuring Review
Discharging Student Loan Debt: The ABA Takes a Stand
The House of Delegates for the American Bar Association recently passed Resolution 512 urging Congress to amend the Bankruptcy Code to permit student loans to be discharged in bankruptcy without…
The CLS Blue Sky Blog
The Inequities of Equitable Subordination
Sitting as courts of equity, bankruptcy judges have embraced an exceptionalist role whereby they exercise widespread discretion in deciding cases. The doctrine of equitable subordination epitomizes bankruptcy exceptionalism and its…
FinTalk
Delaware Bankruptcy Court Provides Guidance on the Treatment of Appraisal Rights and Section 510(b) of the Bankruptcy Code
The Delaware Bankruptcy Court (“Bankruptcy Court”) recently issued a ruling that provides additional clarity regarding the treatment of “appraisal rights” in bankruptcy proceedings and the scope of section 510(b) of…
Restructuring Matters
Delaware Bankruptcy Court Provides Guidance on the Treatment of Appraisal Rights and Section 510(b) of the Bankruptcy Code
The Delaware Bankruptcy Court (“Bankruptcy Court”) recently issued a ruling that provides additional clarity regarding the treatment of “appraisal rights” in bankruptcy proceedings and the scope of section 510(b) of…
Bankruptcy & Restructuring Law
New Chapter 11 Filing – Moon Group, Inc.
By Cole Schotz
On August 12, 2021, nursery and landscaping company Moon Group of Chesapeake City, MD filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court…
Restructuring Globalview
Delaware Bankruptcy Court Decision Supports Pathway to Make Chapter 11 Cases Less Expensive
Section 1930(a)(6) of Title 28 requires the payment of quarterly fees to the United States Trustee (the “UST”) for each quarter that a bankruptcy case is open. The amount of…
Real Bankruptcy Intel
Opinion of Interest – In re Homaidan: Not all Private Student Loans are Presumptively Nondischargeable in Bankruptcy
By Joshua R. Gross, Aaron Gavant, Sean T. Scott
With more than $1.7 trillion in student loan debt outstanding in the United States, student loan borrowers sometimes try to turn to the bankruptcy courts for relief, often without success…
Southern California Bankruptcy Law Blog
The Fight Against An Alarming Trend: Section 706(b) Motions – Part 4
IV. The Constitutional Problem With A § 706(b) Motion I thank Daniel Press, an attorney practicing in Virginia, Washington, DC, and Maryland, for giving me his notes, which served as…
Herrick Restructuring Review
Illinois Bankruptcy Court Weighs In on Chapter 7 Substantial Contribution Claims
By Stephen Selbst, Rodger Quigley
In re Concepts America, Inc., 625 B.R. 881 (Bankr. N.D. Ill. 2021), weighs in on a murky question: Can a creditor make an administrative expense priority claim because it made…