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Bankruptcy & Restructuring Law
Some Upside to Being Upside-Down: The Fifth Circuit Provides Undersecured Creditors an Additional Front on which to Contest Preference Claims
Undersecured creditors face unique challenges because they are neither fully secured nor fully unsecured. Beyond the obviously undesirable issue of being upside-down on their deal, undersecured creditors often are exposed…
Delaware Bankruptcy Update
Samson Resources Preference Actions Filed in Delaware
Starting on September 12, 2017, Peter Kravitz, as Settlement Trustee of the Samson Settlement Trust, filed approximately 293 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under…
Restructuring Globalview
Enforcing Arbitration Provisions In Bankruptcy Cases – Another Court Weighs In
Are arbitration clauses enforceable in a bankruptcy case? Last month, the U.S. District Court for the Eastern District of Arkansas said “yes” and held that state law causes of action…
Restructuring Debt Review
Ninth Circuit Allows Property Sale Free and Clear of Leases
By Oren Haker
Section 365(h) of the Bankruptcy Code provides tenants special protections in the event their landlord files for bankruptcy, by giving tenants the option of retaining their possessory rights under their…
IRS Debt Resolution Blog
BANKRUPTCY AND IRS DEBT – A REAL OPTION
MISCONCEPTIONS The one we hear the most is that the bankruptcy code can't help you deal with IRS Debt. The truth is: YOU CAN DISCHARGE IRS TAX AND PENALTY USING…
Delaware Bankruptcy Update
Model Reorg Acquisition, LLC Files for Bankruptcy in Delaware
On August 26, 2017, Model Reorg Acquisition, LLC, and eighteen of its subsidiaries and affiliates (collectively, "Model Reorg" or "Debtors"), filed voluntary petitions for relief under Chapter 11 of the Bankruptcy…
Restructuring Globalview
“Insured Versus Insured” – – Who is the Debtor-in-Possession, Anyway
In a decision rendered earlier this year by the Sixth Circuit Court of Appeals, the court examined the difference between a debtor and a debtor-in-possession in the context of the…
Delaware Bankruptcy Update
A Free House – But No Additional Damages
On August 23, 2017, Judge Shannon of the Delaware Bankruptcy Court issued an order that is a reminder that this is a court of equity - and that at the…
Delaware Bankruptcy Update
Preferences Actions Filed in Univita Holdings LLC Bankruptcy Case
On July 19-21, 2017, David W. Carickhoff, in his capacity as Chapter 7 Trustee of the Estates of Univita Holdings, et al., filed approximately 46 complaints seeking the avoidance and…
In Solvency
F-Squared Investment Management – Avoidance Actions Filed
On July 6-7, 2017, Craig Jalbert, in his capacity as Trustee for F2 Liquidating Trust, filed approximately 187 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers…