Secured creditors have many choices when it comes to how to file a proof of claim in bankruptcies. Those choices should be weighed carefully, however, because certain choices can have
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Bankruptcy Law Basics
CARES ACT BANKRUPTCY PROVISIONS EXTENDED FOR ANOTHER YEAR
The “COVID-19 Bankruptcy Relief Extension Act of 2021” was signed into law by President Biden on March 27, 2021, extending the key provisions of the COVID-19 Bankruptcy Relief Act which…
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A New Standard for Chapter 11 Cramdown Plans – The Third Circuit Court of Appeal’s Refusal to Strictly Enforce Subordination Agreements in Non-Consensual Plans of Reorganization

Interplay Between Subordination Agreements and Chapter 11 Cramdown Plans
The Bankruptcy Code provides that subordination agreements are enforceable in bankruptcy to the same extent that such agreements are enforceable under…
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Bankruptcy FAQ for Distressed Businesses
In these unsettled times, Fox Rothschild has prepared a comprehensive Bankruptcy FAQ to help businesses understand their potential bankruptcy options, the notable features of the bankruptcy process, how to prepare…
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The Statute of Limitations For A Preference Claim
Because no recent opinions have been published by the Delaware Bankruptcy Court, I wanted to touch on a subject that is vital in nearly every preference or fraudulent transfer case: …
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Seeking Relief from the Automatic Stay – Personal Injury Claimants
Very often in the course of a bankruptcy proceeding, a creditor with a pending lawsuit against the debtor will need to obtain relief from the automatic stay in order to…
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Involuntary Bankruptcy Actions Discussed
Can a financially distressed be “forced” into bankruptcy by its creditors? In other words, is it possible for creditors to subject a distressed entity into an involuntary bankruptcy proceeding?
The…
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Section 503(b)(9): “Receipt” of Goods Discussion
Under Section 503(b)(9) of the Bankruptcy Code, creditors may receive administrative-expense priority for the value of goods “received” by the debtor within 20 days before the debtor’s bankruptcy filing in…
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Reclamation Rights to Recover Goods from a Debtor under Section 546(c) of the Bankruptcy Code
What remedies do you have to recover goods shipped to a company in the weeks leading up to its bankruptcy? As to those goods shipped 45 days prior to a…
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Section 503(b)(9) Claims: Timing of Payments
When will your company’s Section 503(b)(9) claim be paid? Under normal circumstances, Section 503(b)(9) claims are paid when the debtor makes a final distribution to creditors. However, a Section 503(b)(9)…
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