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Bankruptcy Code

831 published works

  1. Delaware Bankruptcy Update

    Preference Actions filed in Deb Shops Bankruptcy

    By Fox Rothschild LLP

    On July 29, 2015, Deb Shops SDFMC LLC, in its capacity as debtor in possession, filed 92 preference complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547…

  2. In Solvency

    Trump Entertainment – Automatic Stay v. Norris-LaGuardia Act

    By Fox Rothschild LLP, Fox Rothschild LLP

    In a 23 page opinion released July 21, 2015 in the Trump Entertainment Resorts case (Bank. D. Del. 14-12103), Judge Kevin Gross of the Delaware Bankruptcy Court opined upon the…

  3. Restructuring Globalview

    Bankruptcy Mischief: Fraudulent Concealment and Bad Faith Will Not Justify Disallowing Bankruptcy Code Exemptions

    By Squire Patton Boggs

    Did I say I didn’t have any assets, I meant they were exempt!”  Can a debtor lose the right to exempt property in a bankruptcy case if it is discovered…

  4. Sixth Circuit Appellate Blog

    Bankruptcy Mischief: Fraudulent Concealment and Bad Faith Do Not Matter When It Comes To Disallowing Bankruptcy Code Exemptions

    By Squire Patton Boggs

    Desperate times call for desperate measures.  It is not surprising then that a less than scrupulous debtor might be less than candid when disclosing assets and liabilities to a bankruptcy…

  5. Restructuring Globalview

    The Baker Botts Decision – – Are We All Overreacting?

    By Squire Patton Boggs

    Last month, the Supreme Court announced its decision in Baker Botts LLP v. Asarco LLC. As most readers will be aware, that case involved a dispute over whether debtor’s retained counsel…

  6. Restructuring Globalview

    The recharacterization doctrine is ripe for Supreme Court review

    By Squire Patton Boggs

    When a bankruptcy court ‘‘recharacterizes’’ debt, it causes something the parties have identified as debt to be converted into equity. Unlike an equitable subordination analysis, in which courts determine whether…

  7. Plan Proponent

    ABI Commission Report – Class Acceptance & Cramdown

    By David L. Bury Jr.

    This is the next (long overdue) post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). In this post, we’ll switch to Section F…

  8. New Jersey Law Blog

    SCOTUS: Second Mortgages NOT Voidable In Chapter 7 Proceedings (Caulkett Decision)

    By Stark & Stark

    On Monday, June 1, 2015, the Supreme Court of the United States published its opinion in the matter of Bank of America v. Caulkett. The issue determined was whether or…

  9. Delaware Bankruptcy Update

    Nortel Opinion Interprets Supreme Court’s Wellness Opinion

    By Fox Rothschild LLP

    Summary In a 12 page decision released June 2, 2015, Judge Gross of the Delaware Bankruptcy Court gives us our first Delaware specific insight into how the U.S. Supreme Court's…

  10. Restructuring Globalview

    Commercial Mortgage-Backed Securitization Investors Given “Safe Harbor” Protection

    By Mark Salzberg

    How far do the Bankruptcy Code’s “safe harbor” provisions extend in the commercial mortgage-backed securitization (CMBS) market? Do these safe harbor provisions protect financial institutions that act merely as conduits…