Creditors’ Rights Reorganization and Bankruptcy
How Not to Violate the Automatic Stay
The automatic stay is “one of the fundamental debtor protections provided by the bankruptcy laws” of this country.”. It is…Read More
Foreign Proceedings: When is Chapter 15 Out of Reach for Foreign Liquidators?
This article provides an update on trends in the case law recognition of foreign insolvency proceedings under Bankruptcy law. Global…Read More
Wrinkles in Bankruptcy Court’s Jurisdiction: Assumption of Executory Contracts in A Foreign Company’s Chapter 11
Foreign companies frequently choose to reorganize in the United States under Chapter 11 of the Bankruptcy Code. A few recent…Read More
Bankruptcy 101 for Mortgage Lenders
This summer First Guarantee Mortgage Company filed for bankruptcy in the District of Delaware. Mortgage market analysts forecast a string…Read More
When Bad Things Happen To Good People: Good Faith Is Not Enough When Investing in (What Later Turns Out To Be) a Ponzi Scheme
What happens when a good faith investor learns it invested in a Ponzi scheme and is presented with a claim…Read More
Splintering Door Frames (Almost) as U.S. Marshals Enforce Order of the Bankruptcy Court
Last month, Jim Hoffman of Offit Kurman, P.A., Counsel to Cheryl E. Rose, a Chapter 11 Bankruptcy Trustee, accompanied the…Read More
Corporate Subchapter V Debtors Beware: Creditors May Object to Dischargeability of Fraud and Other Claims, at Least in Some Jurisdictions
On June 7, 2022, the U.S. Court of Appeals for the Fourth Circuit (“4th Circuit”) held that the discharge exceptions…Read More
Crypto Frame Taking Shape in Real Time
CNBC recently reported on the EthCC conference in Paris, a gathering for hardcore Ethereum developers and technologists. A special spinoff…Read More
When Does the Automatic Stay Protect Companies that are Not in a Bankruptcy Proceeding?
Last week Reuters published an article titled “How a “bankruptcy innovation” halted thousands of lawsuits from sick plaintiffs.” The mechanism…Read More
Chapter 7 Trustee’s Perspective: Selling Litigation in Bankruptcy is Prohibited?
Chapter 7 Trustee’s Perspective: Selling Litigation in Bankruptcy is Prohibited? May 27, 2022 | Share: A Chapter 7 bankruptcy…Read More