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Labor and Employment Blog
Bankruptcy and Divorce: Considerations Before Filing
Bankruptcy, Restructuring, and Creditors’ Rights Blog BANKRUPTCY AND DIVORCE: CONSIDERATIONS BEFORE FILINGApril 22, 2021 Introduction The pandemic has taken a toll on married couples both financially and emotionally, which has…
Bankruptcy & Restructuring Law
New Chapter 11 Filing – WB Supply LLC
By Cole Schotz
Late on April 20, 2021, Texas-based WB Supply LLC, one of the largest privately held pipe and supply companies in the United States, filed a petition for relief under Chapter 11…
Real Bankruptcy Intel
Opinion of Interest – In re Orexigen Therapeutics Inc.: “Mutual” Means Mutual Third Circuit Confirms that Triangular Setoffs not Entitled to Protection under Section 553 of the Bankruptcy Code
By Alexander F. Berk, Sean T. Scott, Aaron Gavant
In its recent opinion arising out of the Orexigen Therapeutics Inc. bankruptcy case, the US Court of Appeals for the Third Circuit affirmed that while a creditor retains its direct…
Past Due
Court Limits Scope of Midland Funding and Imports State Law Penalties for Bankruptcy Filings
In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does…
In Solvency
Second Circuit Stands by Brunner Test for Discharge of Student Loan Debt
When the Bankruptcy Code was first enacted in 1978, student loan debt could be discharged either after the passage of five years since the repayment obligation began, or if repayment…
Bankruptcy & Restructuring Law
New Chapter 11 Filing – Greensill Capital
By Cole Schotz
On March 25, 2021, Greensill Capital Inc. filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case…
Delaware Bankruptcy Blog
Insys Liquidation Trust Asserts Preference Claims in the Delaware Bankruptcy Court
By Carl D. Neff
Starting on February 18, 2021, Insys Liquidation Trust (“Insys Trust”), the liquidation trust appointed by the United States Bankruptcy Court for the District of Delaware to prosecute claims on behalf of…
Financial Services Perspectives
Bradley’s Bankruptcy Basics: 5 Significant (if Temporary) Amendments to the Bankruptcy Code Resulting from the COVID-19 Pandemic
By Christy W. Hancock, Alexandra Dugan
As we cross the one-year anniversary of the COVID-19 pandemic, we reflect on the multiple amendments to the Bankruptcy Code that have been implemented to help curb the effects of…
Bankruptcy & Restructuring Law
New Chapter 11 Filing – Retired-N-Fit, LLC bda Beyond Fifty Fitness
By Cole Schotz
On March 12, 2021, Retired-N-Fit, LLC bda Beyond Fifty Fitness, a Delaware fitness studio for adults ages 50 and beyond, filed a petition for relief under Subchapter V of Chapter 11…
Talkov Law Blog
What Happens During a 341 Meeting of Creditors?
By Talkov Law
The Section 341 Meeting of Creditors The meeting of creditors, also called a Section 341 meeting in reference to Section 341 of the Bankruptcy Code, is a required meeting for bankruptcy…