Claims trading has become increasingly commonplace in today’s bankruptcy cases, typically with little need for policing by the courts.
USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Private equity, Due diligence, United States bankruptcy court, Fifth Circuit, US District Court for District of Delaware
On April 15, 2016, the IRS released a generic legal advice memorandum (GLAM 2016-001) (the “April GLAM”) addressing the impact of so-called “bad boy” guarantees (also known as nonrecourse carve-out guarantees) on the characterization of underlying partnership debt as recourse vs. nonrecourse under Section 752 of the Internal Revenue Code.