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Bankruptcy Code
830 published works
BuildSmart
Bankruptcy Basics and the Impacts of COVID-19
By John Mark Goodman, Jarrod B. Martin
Contract law is about holding people to their promises. Bankruptcy law does just the opposite. Authorized by the Constitution and created by Congress, the U.S. bankruptcy system consists of an entire…
Banking & Financial Services Industry Legal Blog
Data Sales Under Section 363: Privacy Policies, Consumer Data, and the Role of the Consumer Privacy Ombudsman
Author: Curtis Campbell As interest grows in acquiring business data from distressed companies, bankruptcy trustees must evaluate not only whether data has value, but whether it can be transferred through…
Bankruptcy Litigation Blog 2.0
Reliance Is Personal, and So Is the Claim: Judge Goldblatt Holds Vendor Fraud Claims Are Not Estate Property After Whittaker Clark
Joann Inc., the iconic national fabric and hobby retailer, has become the backdrop for a significant post-Whittaker Clark & Daniels decision on the boundary between estate property and individual creditor…
The Bankruptcy Soap Box
Can My Bankruptcy Discharge Be Denied?
By Cathy Moran
Bankruptcy law presumes that a debtor will get a discharge in a properly filed case. The few reasons a discharge may be denied are spelled out in the Bankruptcy Code.…
Restructuring Globalview
Purdue Doesn’t Stop Chapter 15 Recognition and Enforcement of Third-Party Releases
The U.S. District Court for the District of Delaware has issued a significant ruling in the cross‑border insolvency practice that reaffirms U.S. recognition of foreign restructuring plans containing third-party releases.…
Banking & Financial Services Industry Legal Blog
Supreme Court Clarifies Insurer Standing in Chapter 11 Proceedings
The United States Supreme Court recently addressed an issue that has surfaced repeatedly in large Chapter 11 cases involving mass tort liabilities and complex insurance programs. In Truck Insurance Exchange…
FinTalk
You Don’t Have to Turn Back Time to Turn on the Lights
By Monique Almy, Randall Hagen
As more commercial tenants seek bankruptcy protection, the question of assuming or assigning their leases and what defaults need to be cured gets debated. Not all Circuits have decided these…
Banking & Financial Services Industry Legal Blog
Supreme Court Narrows Fraudulent Transfer Recovery Against the Federal Government: What United States v. Miller Means for Creditors
The United States Supreme Court recently issued a significant decision limiting a bankruptcy trustee’s ability to recover alleged fraudulent transfers from the federal government. In United States v. Miller, 145…
Charleston Bankruptcy Blog
How to Prepare for Your First Meeting of Creditors
If you’re feeling anxious about your upcoming 341 meeting, that’s normal. Many Charleston-area filers worry because it sounds like a courtroom event. In practice, it is usually brief and routine.…
Canna Law Blog
The November 12 Cliff: How the Hemp Ban Threatens Bankruptcy Eligibility
Most commentary on the “hemp ban” included in the November funding bill has focused on two, related considerations: (1) which products and activities will become unlawful on November 12, 2026,…