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Bankruptcy & Restructuring Law
The Increased Use of Combined Hearings and Combined Plan and Disclosure Statements in Delaware
Since February 2016, the Local Rules for the United States Bankruptcy Court for the District of Delaware provide for combined hearings on approval of disclosure statements and confirmation of plans…
Restructuring Globalview
Sixth Circuit Weighs in on the Phrase “Applicable Nonbankruptcy Law” Under the Bankruptcy Code
In Metropolitan Government of Nashville & Davidson County v. Hildebrand, the Sixth Circuit Court of Appeals explains how to read the phrase “applicable nonbankruptcy law” as it is used in…
Sixth Circuit Appellate Blog
The Sixth Circuit Weighs in on the Phrase “Applicable Nonbankruptcy Law” Under the Bankruptcy Code
In Metropolitan Government of Nashville & Davidson County v. Hildebrand, the Sixth Circuit explains how to read the phrase “applicable nonbankruptcy law” as used in the Bankruptcy Code. The chapter…
Restructuring Globalview
DIP Carve-out for Creditors’ Committee Compensation: Not a Cap upon Confirmation
Recently, the United States Bankruptcy Court for the District of Delaware held that a carve-out provision in a DIP financing order did not act as an absolute limit on the…
IRS Debt Resolution Blog
10 Bankruptcy FAQ
Bankruptcy – What Is It? Bankruptcy is a process that takes place in Federal Court. The Bankruptcy Code governs the process and it is designed to provide debt and other…
Restructuring Globalview
What You Do Won’t Help (But What You Can’t Do Might): The Sixth Circuit Clarifies Defenses to Fraudulent Transfers
In Meoli v. The Huntington National Bank (In re Teleservices Group, Inc.), the U.S. Court of Appeals for the Sixth Circuit examined the elements of “good faith” and “knowledge of…
Georgia Bankruptcy Blog
Can Non-Citizens, “Undocumented Workers,” and “Illegal Aliens” File For Bankruptcy In The United States?
By Scott Riddle
Quite obviously, both immigration and the status of "undocumented" or "illegal" aliens currently in the United States is a hot topic now, and surely will be for a long time. …
Bankruptcy & Restructuring Law
Second Circuit Refuses to Expand Scope of Chapter 15 of the Bankruptcy Code
On January 18, 2017, the U.S. Court of Appeals for the Second Circuit issued an opinion in the case of Trikona Advisers Limited v. Chugh, No. 14-975-cv, 2017 WL 191936…
Restructuring Globalview
Is It Really Over? Appellate Court Finds Lack of Jurisdiction to Hear Bankruptcy Appeal
In a recent ruling, the U.S. Court of Appeals for the Eleventh Circuit examined whether circuit courts have jurisdiction to hear direct appeals of unauthorized bankruptcy court orders that have…
In Solvency
ATopTech, Inc. Files for Chapter 11 Protection in Delaware
ATopTech, Inc. ("ATopTech" or "Debtor"), an electronic design automation software company manufacturing software solutions for engineers to assist them in the physical design of integrated circuits, filed a voluntary petition for…