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Plan Proponent
ABI Commission Report – Absolute Priority Rule and Plan Gifting Provisions
This is the next 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 cover the Commission's recommendations regarding "class-skipping" and…
Restructuring Globalview
Not Necessarily Lockstep: Trustee’s Compensation Still Subject to Reasonableness Requirement
Compensation to be paid to a bankruptcy estate professional is many times subject to intense dispute. In the case of a bankruptcy trustee, section 326 of the Bankruptcy Code provides…
Texas Bankruptcy Blog
What Records Will the Bankruptcy Trustee Require?
By Bryan Fears
The bankruptcy system is built on trust. It really isn’t designed that way, at least not intentionally, but this trust system has developed from necessity. The volume of bankruptcy cases…
In Solvency
Ten Things Every Commercial Landlord Should Know About a Tenant in Bankruptcy
With several significant recent bankruptcy filings such as RadioShack and Saladworks, tenant bankruptcies become a greater risk for commercial landlords. Yet some landlords are not familiar with the rights provided…
Restructuring Globalview
Have Courts Left The Pinegate Open?
Most bankruptcy lawyers are familiar with section 1111(b) and its attempt to rectify a perceived unfairness resulting from the ruling in In re Pine Gate Assocs., Ltd., Case No. B75-4345A,…
In Solvency
Opinion Rules that Shareholder Meetings Continue During Bankruptcy
By Fox Rothschild LLP, Fox Rothschild LLP
In an 19 page opinion issued April 1, 2015 in the SS Body Armor I, Inc. Bankruptcy (10-11255), Judge Sontchi held that an action to compel a shareholder meeting is…
Delaware Bankruptcy Update
Opinion Rules that Shareholder Meetings Continue During Bankruptcy
In an 19 page opinion issued April 1, 2015 in the SS Body Armor I, Inc. Bankruptcy (10-11255), Judge Sontchi held that an action to compel a shareholder meeting is…
In Solvency
Can the landlord apply the tenant’s security deposit to the landlord’s claims?
Security deposits are considered property of the bankruptcy estate, and as such, are generally required to be returned to the debtor. Even so, landlords are permitted in certain instances to…
Plan Proponent
ABI Commission Report – More on “Redemption Option Value”
This is the next post in Plan Proponent’s series on the confirmation-related recommendations in the ABI Commission Report (and, in particular, its Exiting the Case piece). We introduced the Commission's "Redemption Option Value" ("ROV") recommendation in…
Charleston Bankruptcy Blog
South Carolina Median Income Figures effective April 1, 2015
It’s that time of year again. It’s the twice-yearly time when median income figures are announced by the U.S. Trustee’s office. The figures are based on Census Bureau reporting. The…