Fox Rothschild LLP

Yesterday a panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion reversing a district court order dismissing an appeal from the bankruptcy court for lack…
Continue Reading Ninth Circuit Finds Filing an Objection and Attending Hearing Not Prerequisites for Standing To Appeal a Bankruptcy Court Order

Recently, the U.S. Bankruptcy Court for the Eastern District of Pennsylvania clarified that funds returned to the debtor are not recoverable as intentional fraudulent transfers.  See Holber v. Nikparvar (In …
Continue Reading PA Court Finds Funds Returned to Debtor After an Actual Fraudulent Transfer Not Recoverable

Official Committees’ of Unsecured Creditors can, and often do, have significant impacts on cases under chapter 11 of the Bankruptcy Code.  Appointed pursuant to Section 1102 of the Bankruptcy Code,…
Continue Reading In the First, Second and Third Circuits, Creditors’ Committees Have Unconditional Rights To Intervene in Adversary Proceedings

In PAH Litigation Trust v. Water Street Healthcare Partners, LP (In re Physiotherapy Holdings, Inc.), Case No. 13-12965 (KG), Adv. No. 15-51238 (KG), 2017 WL 5054308 (Bankr. D. Del. Nov.
Continue Reading Recovery in Fraudulent Transfer Litigation in Delaware Bankruptcy Court is Not Capped by the Amount of Creditor Claims

The Bankruptcy Court for the Southern District of Florida recently held that a chapter 7 trustee is not bound by a debtor’s pre-bankruptcy waiver of its jury rights for fraudulent…
Continue Reading Trustee Retains Right to Jury in Fraudulent Transfer Actions Even If Waived by Debtor Before Bankruptcy