Objecting to 363 Sale Orders Free and Clear of Interests: Speak Promptly or...
Earlier this month, the United States Bankruptcy Court for the District of New Jersey enjoined a party from pursuing claims in state court against its competitor, the successful bidder in a 363 asset...
View ArticleCalling a Spade a Spade: Judge Refuses to Issue a Stay Pending Appeal of 363...
In In re Blackwater Enterprises, Inc., the Honorable Robert A. Gordon of the United States Bankruptcy Court for the District of Maryland observed the president of the debtor company make multiple...
View ArticleNinth Circuit Declines to Follow Eighth Circuit in Setting the Boundaries of...
The trustee’s turnover power set forth in section 542(a) of the Bankruptcy Code permits a trustee or debtor in possession to compel an entity to deliver property of the estate, or the value of such...
View ArticleDistributions to Cash Out Shareholders of Target Company in an LBO are...
S.D.N.Y. Holds that Section 546(e) Safe Harbor Provision Does Not Preempt State Law Constructive Fraudulent Transfer Claims Brought on Behalf of Individual Creditors On January 14, 2014, the United...
View Article“Moo”-ving Away from Omegas: Seventh Circuit Opens the Barn Door for Use of...
Distinguishing itself from the Sixth Circuit’s holding in In re Omegas Group, Inc., in In re Mississippi Valley Livestock, Inc., the Seventh Circuit recently held that, under some circumstances, the...
View ArticleOn Having Standing to Object to a Bankruptcy Settlement, the Seventh Circuit...
In In re C.P. Hall Co., the Seventh Circuit Court of Appeals held that a secondary insurer holding a pecuniary interest in a bankruptcy settlement between the debtor and its primary insurer was too far...
View ArticleBankruptcy Court Analyzes Preference and Fraudulent Transfer Claims as...
Nothing says “closure” quite like a termination agreement reaffirmed by a bankruptcy court – right? Apparently not. As demonstrated in In re Great Lakes Quick Lube Limited Partnership, under certain...
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