Bankruptcy Litigation News & Updates

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

Cannabis clients are often surprised to learn that the bankruptcy courts are unavailable to liquidate or reorganize most cannabis businesses.  Indeed, the Office of the United States Trustee (the “UST”)

Continue Reading In re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies:  Bankruptcy May be Available to Liquidate Assets of Non-Operating Cannabis Companies

In a recent decision by Chief Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York presiding over cryptocurrency Chapter 11 megacase, In re

Continue Reading Cryptocurrency Deposits Do Not Belong to Account Holders:  New York Bankruptcy Holding Severs Customers’ Right and Title to Crypto Assets Deposited in Celsius Network Earn Program Accounts

What rate of post-petition interest must a solvent debtor pay creditors whose claims are designated as unimpaired pursuant to Section 1124(1) of the Bankruptcy Code? [1]  The answer can
Continue Reading Court Shocks Solvent PG&E with Electric Opinion Requiring High-Powered Interest Rates to Creditors

Surviving a motion to dismiss does not necessarily mean that counsel drafting a pleading will survive a motion for sanctions under Rule 9011 if they have not conducted a “reasonable
Continue Reading Surviving Rule 12(b)(6) Motion Could Still Lead to Sanctions Under Bankruptcy Rule 9011

On February 19, 2020, the Small Business Reorganization Act (the “SBRA”) became effective and created a new subchapter V to chapter 11 of the Bankruptcy Code.  As we have reported,
Continue Reading Subchapter V Eligibility: Congress Fixes CARES Act Provision That Excluded Affiliates of Issuers But Ignores Potential Eligibility for Foreign, Publicly Traded Companies and Affiliates