Statute
Bankruptcy Code
830 published works
Georgia Bankruptcy Blog
Owners of Highlands Apartments Files Chapter 11 Petitions In Northern District
By Sunghee Sohn
The owners and managers of several related apartment complexes in Norcross, Georgia filed Chapter 11 petitions in the Northern District of Georgia, apparently as a result of the real estate…
Delaware Bankruptcy Update
White Energy, One of the Largest Ethanol Producers in the U.S., Files for Bankruptcy in Delaware
Introduction White Energy, Inc. ""White Energy" or the "Debtor"), one of the largest ethanol and gluten producers in the United States, filed for bankruptcy in the United States Bankruptcy for…
Bankruptcy & Restructuring Law
Single Asset Real Estate Debtors: Challenges in the Bankruptcy Code
Unlike retailers and manufacturers that file for chapter 11 protection, real estate owners and developers must be mindful of the restrictions and special expedited procedures the Bankruptcy Code imposes upon…
Bankruptcy & Restructuring Law
“Stub Rent” Considered Administrative Expense Obligation by Delaware District Court
By Erin E. Wietecha, Ilana Volkov
The United States District Court for the District of Delaware, in Goody’s Family Clothing, Inc. et al. v. Mountaineer Prop. Co. II, LLC, et al. (In re Goody’s Family Clothing,…
Ahead of Schedule
Bankruptcy as an Event of Default – Unenforceable Contract Provisions
By Kip Childs
Contract provisions stating that either the owner or the contractor’s bankruptcy will constitute an event of default are common. A corresponding provision typically sets out the nonbreaching party’s rights in the…
Bankruptcy Litigation Blog 2.0
Chrysler Bankruptcy Analysis – Part III: Will The “Absolute Priority Rule” Kill The Sale?
[Part I: Assessing the Financial Carnage; Part II - Testing the Limits of Section 363 Sales] [6/09/09 Update: See also my analysis of the Chrysler Sale Opinion (Part I) and…
In Solvency
What to Expect in a Section 341 Meeting of Creditors
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction Section 341 of the Bankruptcy Code requires the United States Trustee to "convene and preside at a meeting of creditors." Section 341(a) of the Code requires the trustee to…
Bankruptcy Litigation Blog 2.0
Chrysler Files Bankruptcy – Part II: Testing The Limits Of Section 363 Sales
[Part I: Assessing the Financial Carnage; Part III: Will the Absolute Priority Rule Kill the Sale?] [6/09/09 Update: See also my analysis of the Chrysler Sale Opinion (Part I) and (Part…
In Solvency
Aluminum Extruder, Indalex Holdings, Files for Bankruptcy
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction Indalex Holdings Finance ("Indalex"), the second largest aluminum extruder in the United States, filed for bankruptcy in Delaware on March 20, 2009. As is common in the aluminum industry,…
Asset Search Blog
Clawback Caused By A Ponzi Scheme
By Fred Abrams
Image: Steve Hillebrand / U.S. Fish and Wildlife Service Investors who profited because of Allen B. Stanford's suspected securities fraud / Ponzi scheme may face clawback lawsuits under the Bankruptcy…