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
Second Circuit Stands by Brunner Test for Discharge of Student Loan Debt
When the Bankruptcy Code was first enacted in 1978, student loan debt could be discharged either after the passage of five years since the repayment obligation began, or if repayment
Continue Reading Second Circuit Stands by Brunner Test for Discharge of Student Loan Debt
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
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
When Subchapter V Management Misbehaves: “For Cause” Expansion of a Subchapter V Trustee’s Management Duties
Somewhere in our rough memories of high school science, we should recall the general principle that a gas will always expand to fill a given void. Although the Bankruptcy Code
Continue Reading When Subchapter V Management Misbehaves: “For Cause” Expansion of a Subchapter V Trustee’s Management Duties
2020-2021 Amendments to the Federal Rules of Bankruptcy Procedure
The Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) govern procedure in cases arising under title 11 of the United States Code. Over time, the Bankruptcy Rules have been amended
Continue Reading 2020-2021 Amendments to the Federal Rules of Bankruptcy Procedure
Subchapter V, Not a Moment Too Soon
Although enacted before the COVID-19 pandemic, the new Subchapter V of Chapter 11 of the Bankruptcy Code seems almost prescient now and could be a game-changer for small businesses looking
Continue Reading Subchapter V, Not a Moment Too Soon
Bankruptcy Filing Trends During the Pandemic
In a recent article for Bloomberg Law, Mark Hall and I examined why consumer bankruptcy filings have not (yet) increased during the COVID-19 pandemic as initially predicted, despite a
Continue Reading Bankruptcy Filing Trends During the Pandemic
Conflicting Opinions on Whether Immediate or Mediate Transferees Must Exercise Control Over Initial Property Transferred to Qualify Under Section 550
In July 2020, the Court in In re Generation Res. Holding Co., LLC, 964 F.3d 958, 962 (10th Cir. 2020), held that subsequent transferees do not qualify as immediate
Continue Reading Conflicting Opinions on Whether Immediate or Mediate Transferees Must Exercise Control Over Initial Property Transferred to Qualify Under Section 550
US Supreme Court Requests Solicitor General Input on Petition for Certiorari Related to Transfers Involving Financial Institutions
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 11th Circuit, Routine Bank Deposits Are Not Transfers Under Florida Uniform Fraudulent Transfer Act
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