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831 published works
In Solvency
Powerwave Preferences – Trustee Obtains Relief Regarding Service of Foreign Defendants
Recently in the Powerwave Technologies Inc. bankruptcy action, the Chapter 7 Trustee filed in excess of 100 preference actions seeking to avoid and recover alleged preferential transfers pursuant to Sections 547…
Delaware Bankruptcy Update
Powerwave Preferences – Trustee Obtains Relief Regarding Service of Foreign Defendants
Recently in the Powerwave Technologies Inc. bankruptcy action, the Chapter 7 Trustee filed in excess of 100 preference actions seeking to avoid and recover alleged preferential transfers pursuant to Sections 547…
Delaware Bankruptcy Update
Boston Restaurant Associates, Inc. Formation Meeting and Section 341 Meeting Scheduled
In the Boston Restaurant Associates, Inc. bankruptcy proceeding (Delaware Bankruptcy Case No. 15-11101), a formation meeting has been scheduled for Tuesday, June 2, 2015 at 10:00 a.m. (ET) at the J. Caleb Boggs…
Global Restructuring Watch
Third Circuit: Only in a ‘Rare Case’ May a Case Arising Under Chapter 11 Be Resolved In a ‘Structured Dismissal’ That Deviates from the Bankruptcy Code’s Priority System
By Amy M. Tonti
The Court of Appeal has just decided a “novel question of bankruptcy law: may a case arising under chapter 11 ever be resolved –in a ‘structured dismissal’ that deviates from…
Restructuring Globalview
Hey Insiders, the Ninth Circuit Just Gave You a Leg-Up on Avoiding Preference Exposure on Guaranteed Debt
It is already relatively settled that an insider who has personally guaranteed the debt of his or her company may face preference exposure to the extent the guaranteed debt is…
Nonprofit Law Prof Blog
Foohey: Secured Credit in Religious Institutions’ Reorganizations
Pamela Foohey (Indiana University Maurer School of Law) has published Secured Credit in Religious Institutions' Reorganizations, 2015 University of Illinois Law Review Slip Opinions 51. Here is the abstract from…
Civil Procedure & Federal Courts Blog
SCOTUS Decision in Bullard: Finality & Appealability in Bankruptcy Proceedings
Yesterday the Supreme Court issued a unanimous decision in Bullard v. Blue Hills Bank. The opinion, authored by Chief Justice Roberts, begins:Chapter 13 of the Bankruptcy Code affords individuals receiving…
Delaware Bankruptcy Update
CPI Corp. Preference Actions Filed
From April 24 to 27, 2015, Charles A. Stanziale, Jr., as the Chapter 7 Trustee of CPI Corp., et al., filed preference complaints seeking to avoid and recover alleged preferential transfers…
Delaware Bankruptcy Update
Frederick’s of Hollywood Formation Meeting and Section 341 Meeting Scheduled
In the Frederick's of Hollywood bankruptcy proceeding, a formation meeting has been scheduled for Wednesday, April 28, 2015 at 10:00 a.m. (ET) at the J. Caleb Boggs Federal Building, 844 King St., Room…
Restructuring Globalview
Can Estate Professionals Be Paid If Their Efforts Produce Nothing of Substance?
In the mid-1990’s I represented several trade creditors in a contentious Chapter 11 bankruptcy called Pro-Snax. At the creditors’ request, the bankruptcy court directed the appointment of a Chapter 11…