Recent Developments in Bankruptcy Law

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?

On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the

Continue Reading The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by Chapter 11 Debtors in Accordance with the Unconstitutional Fee Hike Under the United States Trustee Program is an Appropriate Remedy

On April 19, 2023, Justice Ketanji Brown Jackson, writing for a unanimous Court in MOAC Mall Holdings LLC v. Transform Holdco LLC, 598 U.S. ___ 143 S. Ct.

Continue Reading How Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking Certainty

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