By Michael L. Temin and Martha B. Chovanes
In an issue of first impression, in In re Energy Future Holdings Corp., 2021 U.S. App. LEXIS 7400 (3d Cir. Mar.
Continue Reading Payment to Stalking Horse Permissible When Sale Price Less than Stalking Horse Bid
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
Continue Reading Secured Creditors’ State Court Rights Affected By Proof of Claim Choices
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
Continue Reading CARES ACT BANKRUPTCY PROVISIONS EXTENDED FOR ANOTHER YEAR
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
Continue Reading 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
In proceedings arising out of the Tribune Company chapter 11 bankruptcy and a decision in which the United States Court of Appeals for the Second Circuit sustained the dismissal of
Continue Reading US Supreme Court Requests Solicitor General Input on Petition for Certiorari Related to Transfers Involving Financial Institutions
In an appeal arising out of a Ponzi scheme by the principals of two entities, the receiver sought to recover funds from a bank allegedly diverted as fraudulent transfers under
Continue Reading In 11th Circuit, Routine Bank Deposits Are Not Transfers Under Florida Uniform Fraudulent Transfer Act
Earlier this week, the United States Supreme Court issued an opinion regarding appeals of orders denying relief from the automatic stay. Generally, the automatic stay (section 362 of the Bankruptcy
Continue Reading U.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away
In October of this year, Sears Holdings Corp and affiliated Debtors filed a Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of New York in a
Continue Reading Sears Debtors sue Former CEO & others Seeking Billions
Additional developments have transpired in the the Imerys Talc bankruptcy proceedings since Imerys commenced an adversary proceeding in the Chapter 11 case against Cyprus Mines Corp. and Cyprus Amax Minerals
Continue Reading Cyprus Wants Automatic Stay in Imerys Talc Bankruptcy Proceedings
As a follow-up to our recent post about the Imerys Talc bankruptcy proceedings (the chapter 11 cases filed by a supplier of talc to cosmetic and other companies, like Johnson
Continue Reading Imerys Talc Filed Adversary Claiming Ownership Over Millions of Dollars of Insurance Policies