Modification of Chapter 12 Plan Requires Substantial Change in Circumstances
Circumstances The Bankruptcy Appellate Panel for the Eighth Circuit held that, at a minimum.
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.
Eligible Small Business Corporate Debtors Exempt From Nondischargeability Determinations A non-individual small business debtor proceeding under
Nondischargeability Determinations A non-individual small business debtor proceeding under Subchapter V of Chapter 11 of the U.S.
LLC Member’s Managerial and Voting Rights Cannot Be Stripped Upon Bankruptcy Filing Notwithstanding State Law Provisions to the Contrary Today’s
Bankruptcy Filing Notwithstanding State Law Provisions to the Contrary Today’s Rochelle’s Daily Wire discusses a recent bankruptcy case with important...
Debtor’s Failure to Explain Loss of Assets Leads to Denial of Discharge
Two debtors were denied a discharge under Section 727(a)(5) of the Bankruptcy Code after failing to satisfactorily explain the loss of $446,897.00...
Allegations of Self-Dealing, Uninformed Decisions, and Lack of Formalities Raise Plausible Claims for Breach of Fiduciary Duties and Debt
Formalities Raise Plausible Claims for Breach of Fiduciary Duties and Debt Recharacterization or Subordination A complaint filed by a liquidating...
HIMA San Pablo: DIP Financing Denied Due to Lack of Adequate Protection to CRIM
to CRIM With over $400 million in liabilities, HIMA San Pablo’s bankruptcy could be the largest filing in the District of Puerto Rico in the last...
Hours ago the Supreme Court of the United States resolved a split among several circuits of the U.S. Courts of Appeal on whether Section 363(m)
several circuits of the U.S. Courts of Appeal on whether Section 363(m) of the Bankruptcy Code is jurisdictional in nature.
First Circuit: Approval of Disclosure Statement Is Not Immediately Appealable
Appealable The First Circuit dismissed an appeal of the Title III court’s approval of the disclosure statement for PREPA's Plan of Adjustment.
Trustee Fails to Recover Assets Transferred by Debtor’s Wholly Owned Corporation A Chapter 11 liquidation trustee sued to recover assets that were
Corporation A Chapter 11 liquidation trustee sued to recover assets that were transferred post-petition by a corporation that was wholly owned...
Rejection of Contract Precludes Refund of Unearned Payments Under Kentucky Law
Kentucky Law A recent decision by the U.S. Bankruptcy Appellate Panel for the Sixth Circuit showcases the potential pitfalls of failing to evaluate...