On 13 December 2024, EU member states agreed on a ‘partial’ general approach to the harmonisation of insolvency law.
European Union, Insolvency & Restructuring, Freshfields, Insolvency, European Commission, European Parliament
In January 2020, we analyzed a split among the Circuit Courts regarding whether a non-debtor holding a debtor’s property on the petition date has an affirmative obligation under section 362(a)(3) of the Bankruptcy Code to return that property to the debtor immediately following the filing of the bankruptcy petition.