1^(st) Circuit BAP: Improperly Elected Board of Directors Could Not Authorize Bankruptcy Petition
Authorize Bankruptcy Petition The U.S. Bankruptcy Court for the District of Massachusetts did not clearly err in finding that the board of directors...
Bankruptcy Court Holds That LLC Agreement Requirement That a Convertible
Loan Creditor Approve a Bankruptcy Petition Is Unenforceable In In re Roberson Cartridge, Co., LLC.
Subchapter V Case Converted to Chapter 7 For Inability to Propose Confirmable Plan After Blanket Security Interest Dooms Reorganization Efforts
Confirmable Plan After Blanket Security Interest Dooms Reorganization Efforts A small business reorganization was converted into a liquidation under...
Mortgage Lien Invalidated Due to Incorrect Description of Property
A debtor purchased a home from a developer. The property was located in a lot which had not yet been segregated from the main property.
Security Interest Substantial Compliance Doctrine Does Not Apply to Failure to File Correct Document and Fee
Failure to File Correct Document and Fee A secured creditor’s filing of an inapplicable document and payment of an incorrect fee amount when seeking...
A Subchapter V Trustee Can Use Property of the Estate Outside the Ordinary Course of Business A subchapter V trustee is a unique figure which has
Ordinary Course of Business A subchapter V trustee is a unique figure which has some of the duties of a chapter 11 trustee.
Small Business Reorganization Converted to Liquidation After Blanket Security Interest Dooms Restructuring Efforts A Subchapter V case was converted
Security Interest Dooms Restructuring Efforts A Subchapter V case was converted to Chapter 7 after a bankruptcy judge found that the debtor could not...
Distressed Sale Recharacterized as Secured Loan Resulting in Voidable Preferences
Preferences Under Article 9 of the UCC, transactions labeled as (and intended to be) purchases, sales, or assignments can be trated as secured loans.