Perhaps Next Time the Debtor Will Speak Up a Little Sooner

What happens when the counterparties on both sides of a contract are debtors in separate bankruptcy cases and their estates have contrary views about whether to reject or assume a contract?

Depending on the nature of its business, a debtor may encounter issues associated with the Perishable Agricultural Commodities Act (“PACA”), a statue designed to protect sellers of perishable produce. Recently, in Kingdom Fresh Produce, Inc. v.

Forgot to Get a Court Order Approving a Postpetition Loan?  It May Not Matter

On January 19, 2016, the Fifth Circuit Court of Appeals 

The law governing postpetition interest in bankruptcy remains unsettled despite having been subjected to more than 100 years of debate in the federal courts. On October 30, 2015, 

It has long been the case that secured creditors could be charged for the reasonable and necessary costs incurred to preserve the value of their collateral.  This equitable principle emerges out of case law that predates not only the current Bankruptcy Code, but also its immediate predecessor, the Bankruptcy Act of 1938.  As now codified in section 50

In the United States Supreme Court’s plurality opinion in Hamdi v.

As the adage goes, everything old is new again.  Just like old fads coming back into style, bankruptcy issues that first arose decades ago seem to present themselves again and again over the years, albeit with a different set of facts.  Such is the case with the bankruptcy of Johns-Manville Corporation and its affiliates.  Despite Manville’s emergence from bankruptcy in 1988, questions regarding the protections of the channeling injunction issued under Manville’s chapter 11 plan continue to present themselves today.  Much to the relief of one of Manville’s insurers, in a