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Subchapter V—Fourth Circuit Rules Not a Panacea for the Dishonest Debtor

The Bankruptcy Protector

In 2019, Congress enacted the Small Business Reorganization Act. This legislation created a new type of Chapter 11 reorganization under which certain businesses with total debts less than a certain threshold (currently $7.5 million) could reorganize. These provisions, known as Subchapter V eliminated certain requirements for confirmation of a reorganization plan and include other changes to make small business reorganization quicker and less expensive.

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, US Congress, Fourth Circuit
Somebody Call 9011: Counsel and Decedent’s Estate Benchslapped Under Rule 9011 for Repeated Attempts to Circumvent the Bankruptcy Code’s Eligibility Requirements

The Bankruptcy Protector

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Power of attorney, US Securities and Exchange Commission, Google
Unchartered Waters: Crypto Exchange Assets in Bankruptcy

The Bankruptcy Protector

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Cryptocurrency, US Securities and Exchange Commission
Supreme Court Resolves Split on U.S. Trustee Fees

Introduction

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Congress, Supreme Court of the United States
Arbitration Clauses as Separate Executory Contracts

The Bankruptcy Protector

This term, Supreme Court Justice Elena Kagan has authored a pair of opinions related to arbitration. The first of these decisions, Badgerow v. Walters, 20-1143, 142 S. Ct. 1310 (2022) came down on March 31, 2022, where Justice Kagan, writing for the 8/1 majority, held that a court must have an independent basis of federal jurisdiction to undertake a petition to confirm or vacate an arbitration award.

USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Federal Arbitration Act 1926 (USA), Supreme Court of the United States
Bankruptcy 101: Lease Assumption, Assignment, and Rejection

The Bankruptcy Protector

Bankruptcy Basics for New and Non-Bankruptcy Attorneys

This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for non-bankruptcy practitioners and professionals. This entry will discuss lease rejection in chapter 11 bankruptcy cases.

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, CARES Act 2020 (USA)
The Unredeemable Debtor

The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race.

USA, Employment & Labor, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, National Labor Relations Board (USA)
Statute of Limitations, Res Judicata, and Collateral Estoppel—Oh My! Asserting Affirmative Defenses in Delaware Bankruptcy Court

The issue of whether directors, officers, and/or shareholders breached their fiduciary duties to a company prior to bankruptcy is commonly litigated in chapter 11 cases, as creditors look to additional sources for recovery, such as D&O insurance or “deep-pocket” shareholders, including private equity firms. The recent decision in In re AMC Investors, LLC, 637 B.R. 43 (Bankr. D. Del. 2022) provides a helpful reminder of the importance of timing in bringing such claims and the use by defendants of affirmative defenses to defeat those claims.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Private equity
11th Circuit Approves of Third-Party Releases Despite Debtor’s Failure to Comply with Strict Notice Requirements of Bankruptcy Rules

Overview

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Eleventh Circuit
Courts Begin to Wrestle with the Impact of City of Chicago, Illinois v. Fulton on a Debtor’s Ability to Recover Estate Property

Courts Begin to Wrestle with the Impact of on a Debtor’s Ability to Recover Estate Property

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Supreme Court of the United States