The Clerk of the Court (“Clerk”) is the “official custodian of the records and dockets of the bankruptcy court,” and when it appears that there will be a distribution to
Continue Reading Duties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c)Court Pulls Carpet Out from Under Trustee’s Preference Claim
The Eleventh Circuit sided with the Third Circuit in finding that a creditor’s administrative claim under 11 U.S.C. § 503(b)(9) does not offset its new value defense pursuant to 11
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20th Annual Advanced Restructuring & Plan of Reorganization Conference: Fox Rothschild Partner, Joseph J. DiPasquale, to Co-Moderate “2021 – The Year in Review from the Perspective of Judges and Attorneys”
Joseph J. DiPasquale, a partner in Fox Rothschild’s Morristown, New Jersey and New York City offices, is set to co-moderate a presentation on important developments in bankruptcy law throughout
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The United States Trustee Program’s New Chapter 11 Periodic Reports (Effective June 21, 2021)
On December 21, 2020, the United States Trustee Program (USTP) published a final rule in the Federal Register, entitled the “Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases
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Delaware Bankruptcy Bench is at Full Strength with the Addition of Judge Craig Goldblatt
The Delaware Bankruptcy Court now has eight judges to manage its hectic caseload. Judge Craig Goldblatt was sworn in as a United States Bankruptcy Judge for the District of Delaware
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The Delaware Bankruptcy Court Appoints Newest Judge
On April 6, 2021, J. Kate Stickles was sworn in as a United States Bankruptcy Judge for the District of Delaware. According to an Announcement issued by the Delaware Bankruptcy
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Hedge Fund Founder Pleads Guilty to Bankruptcy Fraud in Connection with Neiman Marcus Bankruptcy
In many chapter 11 cases, a committee of unsecured creditors is formed early in the case to represent the overall interests of unsecured creditors. See 11 U.S.C. § 1102. Members
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2020-2021 Amendments to the Federal Rules of Bankruptcy Procedure
The Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) govern procedure in cases arising under title 11 of the United States Code. Over time, the Bankruptcy Rules have been amended
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Conflicting Opinions on Whether Immediate or Mediate Transferees Must Exercise Control Over Initial Property Transferred to Qualify Under Section 550
In July 2020, the Court in In re Generation Res. Holding Co., LLC, 964 F.3d 958, 962 (10th Cir. 2020), held that subsequent transferees do not qualify as immediate
Continue Reading Conflicting Opinions on Whether Immediate or Mediate Transferees Must Exercise Control Over Initial Property Transferred to Qualify Under Section 550