As many bankruptcy practitioners are aware, there is a circuit court split with respect to the allowability of non-consensual third-party releases.  Notably, in the Purdue Pharma case, the United States

Continue Reading Are Gate-keeper Provisions in Chapter 11 Confirmation Orders a Stopgap for Nonconsensual Third-Party Releases?

As bankruptcy attorneys who often defend clients in preference avoidance actions, we were pleased with the 547(b) amendments, effective as of February 20, 2020, requiring a trustee to conduct some

Continue Reading What level of “reasonable due diligence” is actually required under Section 547(b) and does it really matter?

This article was co-authored by Jenna Jacobik, a summer associate based in the firm’s Greenville, SC office.

Judge Frederick E. Clement of the United States Bankruptcy Court for the Eastern

Continue Reading Attorneys Beware: The Risks of Failing to Comply with the “Wet Signature” Requirement for Declarations in Some Jurisdictions – Cabardo v. Patacsil (Bankr. E.D. Cal. 2023) – a Case Study