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
U.S. Bankruptcy Code
President Biden Signs Bill Extending Temporary $7.5 Million Subchapter V Debt Limit Increase Into 2024
By Nicholas A. Koffroth on
Today, President Biden signed into law the Bankruptcy Threshold Adjustment and Technical Corrections Act, S. 3823, 117th Cong. (the “Act”), which, among other things, continues the temporary expansion of subchapter…
Continue Reading President Biden Signs Bill Extending Temporary $7.5 Million Subchapter V Debt Limit Increase Into 2024Cert Granted in TM Bankruptcy Case
By Elizabeth A. Patton on
As I previously blogged about, there is a circuit split as to whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of…
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Hawaii Bankruptcy Appeal Serves as a Reminder on Preferential Transfers
By Fox Rothschild LLP on
In an appeal from the U.S. Bankruptcy Court for the District of Hawaii, the U.S. District Court for the District of Hawaii determined when the date of the transfer occurred…
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U.S. Supreme Court finds Debt obtained by False Promises to Pay, Dischargeable
By Fox Rothschild LLP on
Samuel Goodstein writes:
The U.S. Supreme Court resolved a dispute about whether debts obtained by false promises to pay (or fraud) can be discharged in bankruptcy.
On June 4, 2018,…
Continue Reading U.S. Supreme Court finds Debt obtained by False Promises to Pay, Dischargeable
PA Court Finds Funds Returned to Debtor After an Actual Fraudulent Transfer Not Recoverable
By Fox Rothschild LLP on
Recently, the U.S. Bankruptcy Court for the Eastern District of Pennsylvania clarified that funds returned to the debtor are not recoverable as intentional fraudulent transfers. See Holber v. Nikparvar (In …
Continue Reading PA Court Finds Funds Returned to Debtor After an Actual Fraudulent Transfer Not Recoverable
The Safe Harbor Provision of the Bankruptcy Code Redefined
By Elizabeth C. Viele on
The United States Supreme Court recently issued a ruling in which it held that the Bankruptcy Code’s safe harbor provision § 546(e) does not prevent a trustee from clawing back…
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Recovery in Fraudulent Transfer Litigation in Delaware Bankruptcy Court is Not Capped by the Amount of Creditor Claims
By Fox Rothschild LLP on
In PAH Litigation Trust v. Water Street Healthcare Partners, LP (In re Physiotherapy Holdings, Inc.), Case No. 13-12965 (KG), Adv. No. 15-51238 (KG), 2017 WL 5054308 (Bankr. D. Del. Nov.
Continue Reading Recovery in Fraudulent Transfer Litigation in Delaware Bankruptcy Court is Not Capped by the Amount of Creditor Claims
Supreme Court’s Recent Ruling in Lakeridge Provides Little Guidance on Evaluating Creditors as Non-Statutory Insiders
By Fox Rothschild LLP on
On March 5, 2018, the Supreme Court issued an opinion in U.S. Bank Nat’l Ass’n v. Village at Lakeridge, LLC, which addressed a single question: Whether the Ninth Circuit…
Continue Reading Supreme Court’s Recent Ruling in Lakeridge Provides Little Guidance on Evaluating Creditors as Non-Statutory Insiders
Trustee Retains Right to Jury in Fraudulent Transfer Actions Even If Waived by Debtor Before Bankruptcy
By Fox Rothschild LLP on
The Bankruptcy Court for the Southern District of Florida recently held that a chapter 7 trustee is not bound by a debtor’s pre-bankruptcy waiver of its jury rights for fraudulent…
Continue Reading Trustee Retains Right to Jury in Fraudulent Transfer Actions Even If Waived by Debtor Before Bankruptcy