Features
Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Features
Congress' Failure to Extend Subchapter V Debt Limit Hurts Small Businesses
Where it applies, Subchapter V has been a great success. But, much of that success was due to a temporary change to the law that allowed more companies to qualify for Subchapter V treatment. That change has now expired, taking with it the only viable avenue for many businesses to reorganize.
Features
How to Check a Privately-Held Company's Creditworthiness
How do you check on a company's creditworthiness when the company is privately held and does not make its financial statements publicly available? The answer is that you need to check alternative sources of information for hints as to whether the company is experiencing problems. This article provides some questions to ask to help recognize the warning signs in the answers.
Features
Fifth Circuit: Subchapter V Corporate Debtors Are Subject to Discharge Exceptions
In the case of Avion Funding v. GFS Industries, the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.
Features
Third Circuit Orders Unwinding of Transaction Involving Transfers Which Passed Through Multiple Related Parties
Although not always straightforward or consistent, federal and state laws regarding the recovery of fraudulent conveyances are well developed. However, when the transaction flows through several transferees, the analysis can quickly become complicated. In a recent decision, Third Circuit employed such an analysis and ordered the unwinding of a transaction involving transfers which passed through multiple related parties.
Features
LJN Quarterly Update: 2024 Q3
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Features
Avoiding Double-Dipping: U.S. Trustee Fees and Creditor Trusts
The U.S. Trustee has recently taken the position that GUC Trusts (disbursements made by creditor trusts formed under bankruptcy plans) should be required to pay fees on account of their own disbursements to creditors. The outcomes in three recent bankruptcy cases highlight different approaches to addressing the U.S. Trustee's argument: closing bankruptcy cases early, deferring the issue to a later date, or focusing on the distinction between contingent and non-contingent assets.
Features
Circuit Courts Split On Review of Bankruptcy Court's Denial of Motion to Dismiss
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
Features
From Pixel Stuffing to Bots: Avoiding Ad Fraud In Class Notice
Class action notice programs in the settlement context are not immune from fraud. Class counsel has a fiduciary duty to protect the best interests of the class, therefore protecting notice programs and the effectiveness of a digital advertising campaign is critical.
Features
Supreme Court Puts End to Prudential Barriers In Chapter 11 Appeals
The Supreme Court's holding ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard. It is also a shot across the bow for two other judge-made, atextual doctrines that bar consideration of the merits in Chapter 11 appeals.
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