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Delaware Bankruptcy Update
What is a Fraudulent Transfer? Decision in Elrod Holdings Explains
Introduction Section 548 of the United States Bankruptcy Code allows for the avoidance of transfers that are either intentionally or constructively fraudulent. Section 548 provides, in relevant part, as follows:…
In The (Red)®
On The Rise: Bankruptcy Dollar Amounts Will Increase On April 1, 2010
It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for cases filed on or after April 1, 2010. You can find a…
Finance & Bankruptcy Law Blog
Equitable Subordination of a Creditor’s Secured Claim when such Secured Creditor is, itself, in Bankruptcy
In a majority opinion dated December 15, 2009, the Ninth Circuit Bankruptcy Appellate Panel held that a chapter 11 debtor may not equitably subordinate a creditor's claim and transfer the lien securing…
Georgia Bankruptcy Blog
ND Ga – Creditor Not Entitled To Default Judgment; Responsibilities Of Lawyers
By Sunghee Sohn
Chase Bank USA, N.A. v. Hampson (In re Hampson), 2009 Bankr. LEXIS 3412, Adv No. 09-4059 (Bankr. N.D. GA September 11, 2009) (Bonapfel). Plaintiff Bank sought an order of nondischargeabilty for…
Delaware Bankruptcy Update
The Second Largest Newspaper Publisher in the U.S., Affiliated Media, Files for Bankruptcy In Delaware
On January 22nd, Affiliated Media, Inc. (the "Debtor" or "Affiliated"), filed a chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to…
Legal Writing Prof Blog
A misplaced comma can lead to grief and then litigation
Here are a couple of stories from Ken Adams' blog on contracts, which has been recognized for excellence by the online ABA Journal, about how a misplaced comma can materially change the meaning…
Securities Law Prof Blog
Morrison on Bankruptcy for Systemically Important Institutions
Is the Bankruptcy Code an Adequate Mechanism for Resolving the Distress of Systemically Important Institutions?, by Edward R. Morrison, Columbia University - Law School, was recently posted on SSRN. Here…
Bankruptcy Litigation Blog 2.0
Treatment of IP Licenses in Bankruptcy: Advance Preview of My PLI Seminar Outline
The best thing about tight deadlines is the moment they finally come to an end. My latest race against time was to complete this 50 page outline (including appendices) for…
Delaware Bankruptcy Update
Accuride Corporation Files for Bankruptcy in Delaware Hoping to Win Approval of Pre-Arranged Restructing Plan
Introduction Accuride Corporation, the Indiana-based manufacturer of heavy and medium-duty wheels, filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware on October 8, 2009. According…
Georgia Bankruptcy Blog
Recent Opinions From The Middle District Of Georgia
By Sunghee Sohn
In re Baugh, Ch. 7 Case No. 07-30838 (Bankr. M.D. Ga. September 17, 2009)(J. Walker). A petition preparer was sanction pursuant to section 110 of the Code. The Court found…