Statute
Bankruptcy Code
831 published works
Restructuring Globalview
“A Bankruptcy Court Is Not A Collection Agency”: A Lesson On When Not To File An Involuntary Bankruptcy Petition
Many a bankruptcy attorney has been approached by an angry client who is owed a large amount from, or has obtained a judgment against another party, but has been frustrated…
Crunched Credit
Secured Creditors Beware: Overvalued Properties in Bankruptcy
An overvalued property may now have a bigger impact on a secured creditor’s bottom-line during bankruptcy. Splitting with the Seventh Circuit, the Fifth Circuit in Southwest Securities, FSB v. Segner…
Civil Procedure & Federal Courts Blog
New Study Finds “Stunning and Unacceptable Level of Randomly Distributed Justice”
Professor Gary Neustadter of Santa Clara University School of Law has posted on SSRN his article, Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World.Abstract: Between…
Plan Proponent
Delaware Rejects Fee-Defense Indemnification in Boomerang Tube Case
(I'm told that these are "Boomerang Tubes") Back in September, we blogged about two pending Delaware bankruptcy cases regarding fee-defense costs after Baker Botts, L.L.P. v. ASARCO: In re Boomerang Tube,…
Restructuring Globalview
More Bad News for Bankruptcy Professionals – Baker Botts v ASARCO is Back Like a Boomerang
Last June, the Supreme Court issued a ruling in Baker Botts LLP v. ASARCO, LLC, which dramatically altered expectations that had previously been fairly widely accepted in many areas – the right of…
Delaware Bankruptcy Update
Noble Logistics – $61 Million Class Claim Survives Summary Judgment
On January 26, 2016, the Delaware Bankruptcy Court denied Debtors Noble Logistics Inc., et al.’s (“Debtors” or “Noble Logistics”) motion for summary judgment on their objections to the claims filed…
Charleston Bankruptcy Blog
Keeping Your Car out of Bankruptcy
I frequently hear clients say things like, “I don’t want to file bankruptcy on my car.” You “file on” all debts, but you need to understand what that means. As…
Delaware Bankruptcy Update
DE Bankruptcy Court Abstains from Determining Altegrity’s Tax Liability
In the recent opinion issued by Judge Laurie Selber Silverstein of the Bankruptcy Court for the District of Delaware, In re Altegrity, et al., Case No. 15-10226 (LSS) (D. Del.…
Bankruptcy & Restructuring Law
Is a “Sound Business Purpose” Always Enough?
Chapter 11 of the Bankruptcy Code trusts a debtor in possession to operate its business. In general, a debtor in possession “is free to use, sell[,] or lease property of the . . . estate…
Southern California Bankruptcy Law Blog
Lien Stripping In A Chapter 20 Bankruptcy
A very recent opinion from the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) establishes the legitimacy of something I have been doing in Chapter 20 cases. It’s nice to…