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    Recent decisions limit scope of protection from successor liability in bankruptcy sale orders
    2012-08-28

    Pursuant to Bankruptcy Code § 363(f), a bankruptcy judge may authorize the sale of a debtor’s assets free and clear of liens, claims, and interests. This is meant to allow a buyer to acquire assets without the risk of future claims being asserted with respect to the purchased assets and to maximize the value of a debtors assets, thereby maximizing creditors' recovery.

    Filed under:
    USA, New York, South Carolina, Insolvency & Restructuring, Litigation, Hodgson Russ LLP, Bankruptcy, Debtor, United States bankruptcy court, South Carolina Supreme Court
    Authors:
    James C. Thoman
    Location:
    USA
    Firm:
    Hodgson Russ LLP
    When a hospital becomes a no standing zone
    2011-11-10

    Bottom Line:

    The United States Bankruptcy Court for the District of South Carolina in In re Barnwell County Hospital, No. 11-06207 (Bankr. D.S.C. Oct. 27, 2011) held that anad hoc community group of citizens formed for the purpose of attempting to keep the Barnwell County hospital open and operating in its current location (the “Community Group”) was not a party-in-interest in the hospital’s bankruptcy case and so lacked standing to challenge the debtor’s eligibility for relief under chapter 9 of the Bankruptcy Code.

    Filed under:
    USA, South Carolina, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Interest, Standing (law), Citizenship, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jordan Kaye
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    If you have an objection, speak now or forever hold your peace
    2015-07-23

    A creditor recently received a wake-up call from the Bankruptcy Court for the District of South Carolina in In re Crawford, an opinion issued by the Court on June 8, 2015. In Crawford, the Court granted the debtors’ motion to compel their automobile lienholder to release its lien after the debtors made all payments under their Chapter 13 Plan. In addition, the Court awarded the debtors $7,325.00 in attorneys’ fees for the creditor’s failure to comply with the terms of the confirmed Plan.

    Filed under:
    USA, South Carolina, Insolvency & Restructuring, Litigation, Nexsen Pruet
    Authors:
    Kyle A. Brannon
    Location:
    USA
    Firm:
    Nexsen Pruet
    Peering through the muck again: another court analyzes whether LLC operating agreements are property interests or executory contracts
    2014-08-14

    We’ve previously focused here and here on the split in

    Filed under:
    USA, South Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    When a hospital becomes a no standing zone
    2011-11-10

    Bottom Line:

    The United States Bankruptcy Court for the District of South Carolina in In re Barnwell County Hospital, No. 11-06207 (Bankr. D.S.C. Oct. 27, 2011) held that anad hoc community group of citizens formed for the purpose of attempting to keep the Barnwell County hospital open and operating in its current location (the “Community Group”) was not a party-in-interest in the hospital’s bankruptcy case and so lacked standing to challenge the debtor’s eligibility for relief under chapter 9 of the Bankruptcy Code.

    Filed under:
    USA, South Carolina, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Interest, Standing (law), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    LLC managers beware: get involved with member distributions by an insolvent LLC and you may be personally liable
    2014-09-02

    Vieira v. Harris (In re JK Harris & Co., LLC), 512 B.R. 562 (Bankr. D. S.C. 2012) –

    A chapter 7 trustee sued a manager of three limited liability company (LLC) debtors for breach of fiduciary duty and to hold the manager personally liable for distributions made to members, including himself.

    Filed under:
    USA, South Carolina, Insolvency & Restructuring, Litigation, Troutman Pepper, Fiduciary, Limited liability company, Gross negligence
    Location:
    USA
    Firm:
    Troutman Pepper

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