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.”[1]. It is…
Read MoreForeign 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 MoreWrinkles 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 MoreBankruptcy 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 MoreWhen 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 MoreSplintering 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 MoreCorporate 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 MoreCrypto 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 MoreWhen 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 MoreChapter 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…
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