The bankruptcy process is often long and arduous for clients, whether debtor or creditor, and their counsel.  Bankruptcy courts feel the pain, too.  So, when we finally reach the glorious goal of plan confirmation, most revel in the conclusion of the plan process.  Though often considered anathema, appeals of plan confirmation orders are sometimes pursued.  Recognizing the public policy desire for finality in bankruptcy proceedings, the Eighth Circuit applies the “person-aggrieved” doctrine in determining whether an appellant has standing to appeal a plan confirmation or

Section 363(b) of the Bankruptcy Code affords debtors flexibility to sell assets outside of the ordinary course of business after notice and a hearing.  This right is supported by 

Starting today, you may notice a new look for some of the forms used in bankruptcy cases.  Some of the key forms now make a distinction between non-individual bankruptcy cases and business bankruptcy cases.  For your convenience, we are attaching some of the key forms used in business bankruptcy cases.  

The following are among the changes to the less compact form of petition for business bankruptcies:

We all learned the first day of our Bankruptcy 101 class in law school that just because a debtor files for bankruptcy doesn’t mean those entities who have guaranteed the debtor’s obligations are off the hook.  Doesn’t ring a bell?  Well if you were sleeping during this part of the lecture, allow us to elaborate.  Unless a guarantor has itself filed for bankruptcy, it will not be afforded protections under the Bankruptcy Code and creditors will not be stopped from looking to the guarantor for payment if the debtor fails to fulfill its obligation.  But what if the debtor&

When a bankruptcy case is dismissed for cause pursuant to section 1112(b) of the Bankruptcy Code, the effect of the dismissal on orders entered during the case is not always clear.  A recent District of Delaware decision, 

It’s hard to believe, but until now, the Seventh Circuit has never weighed in on the issue of when a claim arises in a bankruptcy case.  As a result, the Seventh Circuit has had the luxury of sitting back, watching the Third Circuit go from Frenville to 

Key Takeaway:  Second Circuit allows secured
creditors to opt out of chapter 11 and preserve their liens from discharge.

When is an agreement a true lease entitling the nondebtor lessee to possessory protections under section 365(h) of the Bankruptcy Code?  The United States Bankruptcy Court for the District of New Jersey addressed this issue in the 

Overview

A series of related decisions issued by the United States Bankruptcy Court for the Southern District of New York in the ongoing Fairfield Sentry U.S. redeemer litigation — Fairfield Sentry II,¹Fairfield Sentry III,² and Fairfield Sentry IV³ — provide insight into, among other things, the interplay between the safe harbor provision of section 546(e)⁴ of the Bankruptcy Code (the “Safe Harbor”) and chapter 15.