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    Fifth Circuit: Preference Claims Are Property of the Bankruptcy Estate that Can Be Sold
    2024-05-30

    A debtor's non-exempt assets (and even the debtor's entire business) are commonly sold during the course of a bankruptcy case by the trustee or a chapter 11 debtor-in-possession ("DIP") as a means of augmenting the bankruptcy estate for the benefit of stakeholders or to fund distributions under, or implement, a chapter 11, 12, or 13 plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Due diligence, Internal Revenue Service (USA), US Congress, Internal Revenue Code (USA), Supreme Court of the United States
    Authors:
    Julian E.L. Gale
    Location:
    USA
    Firm:
    Jones Day
    Restructuring Department Bulletin - May 2024
    2024-05-01

    Alice Eaton Featured at Wharton’s PE and Venture Capital Conference

    Restructuring partner Alice Eaton spoke on the panel “Adjusting to a New Era: Redefining Value Creation in Uncertain Times,” as part of the Wharton School of the University of Pennsylvania’s 2024 Private Equity and Venture Capital Conference on March 29. The panel covered the use of innovative financing instruments and structures for investments in distressed assets.

    Elizabeth McColm Discusses Women in Restructuring at Winter Bankruptcy Conference

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Private equity, Venture capital, US Congress
    Authors:
    Jacob A Adlerstein , Paul M. Basta , Lauren Bilzin , Brian Bolin , Robert Britton , Alice Belisle Eaton , Joe Graham , Brian S. Hermann , Christopher Hopkins , Kyle J. Kimpler , Elizabeth R. McColm , Sean Mitchell , Andrew M. Parlen , Andrew N. Rosenberg , John Weber , Kenneth S. Ziman
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    A Tale of Two Chapters - “Recognizing” the Significant Differences Between Chapter 15 and Chapter 11 Bankruptcy Cases
    2023-10-04

    In contrast to a case under Chapter 11 of the Bankruptcy Code, which centralizes a company’s debt adjustment efforts in the U.S. and provides for expansive oversight and supervision by a U.S. court, a Chapter 15 recognition proceeding is an ancillary proceeding in which the U.S. court acknowledges the foreign proceeding and gives it effect under applicable U.S. law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sidley Austin LLP, Insolvency, UNCITRAL, US Congress, ASICS, US Constitution, Chapter 11, US Bankruptcy Code, Chapter 15, US Bankruptcy Code, US Bankruptcy Court for the Southern District of New York
    Authors:
    Stephen E. Hessler , Anthony R. Grossi , Carrie Li , Christopher Cheng , Gordon Davidson , Ameneh Bordi , Juliana Hoffman
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Ninth Circuit: Standard for Constitutional Standing Applies to Bankruptcy Appeals
    2023-09-30

    Federal appellate courts have traditionally applied a "person aggrieved" standard to determine whether a party has standing to appeal a bankruptcy court order or judgment. However, this standard, which requires a direct, adverse, and financial impact on a potential appellant, is derived from a precursor to the Bankruptcy Code and does not appear in the existing statute.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Congress, Supreme Court of the United States, Ninth Circuit
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Circuit Split Widens on Extent of Abrogation of Sovereign Immunity for Governmental Units in Bankruptcy Avoidance Litigation
    2023-09-30

    Bankruptcy trustees and chapter 11 debtors-in-possession ("DIPs") frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable nonbankruptcy laws because the statutory "look-back" period for avoidance under many nonbankruptcy laws exceeds the two-year period governing avoidance actions under section 548.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Jones Day, Internal Revenue Service (USA), Federal Deposit Insurance Corporation (USA), US Congress, Internal Revenue Code (USA), Supreme Court of the United States
    Authors:
    Dan B. Prieto , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Maryland Legal Alert - September 2023
    2023-09-06

    In This Issue

    MARYLAND OFR ISSUES GUIDANCE ON EARNED WAGE ACCESS PROGRAMS

    LEASE LIABILITY MAY DISQUALIFY DEBTORS FOR ELIGIBILITY AS A SMALL BUSINESS CHAPTER 11 DEBTOR

    Filed under:
    USA, Maryland, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Consumer Financial Protection Bureau (USA), US Congress
    Authors:
    Andrew D. Bulgin , Bryan M. Mull , David S. Musgrave , Christopher R. Rahl
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    Recent Trends in Subchapter V
    2023-08-16

    In 2020, Congress enacted the Small Business Reorganization Act (SBA), which codified Subchapter V within Chapter 11 of the Bankruptcy Code. The newly added subchapter is remarkably powerful, and with the new additions from Congress, creates a streamlined process for small businesses to reorganize. After passing the SBA, Congress subsequently increased the applicable debt limits for businesses eligible for Subchapter V, from approximately $2.7 million to $7.5 million, which qualified many more businesses for Subchapter V relief.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, US Congress, Small Business Administration (USA)
    Authors:
    Steven R. Kinsella
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Tenth Circuit Holds that Sovereign Immunity Does Not Limit Section 544 Claim
    2023-07-27

    Section 544(b)(1) of the Bankruptcy Code enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in property” that an unsecured creditor could avoid under applicable state law. See 11 U.S.C. § 544(b)(1). Thus, for example, if outside of bankruptcy a creditor could avoid a transaction entered by a debtor as a fraudulent transfer, in bankruptcy, the trustee acquires the power to avoid such a transaction.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, US Congress, Tenth Circuit
    Authors:
    Daniel A. Lowenthal , Jonah Wacholder
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    3M tried to resolve its PFAS liability to water suppliers for $12.5 BILLION and almost 1/2 the States (including MA) are objecting. What's next?
    2023-07-27

    In May I wrote about a manufacturer of Aqueous Film Forming Foam (AFFF) excused from the PFAS Multi-District Litigation in South Carolina because its PFAS-related liabilities might exceed its assets which is something for a Federal Bankruptcy Court to sort out.  At the time I worried that this was only one of many PFAS-related bankruptcies we would be seeing

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
    Authors:
    Jeffrey R. Porter
    Location:
    USA
    Firm:
    Mintz
    U.S. Supreme Court Bankruptcy Roundup
    2023-07-26

    Since May 2023, the U.S. Supreme Court has issued three decisions addressing or potentially impacting issues of bankruptcy law. These included rulings concerning the abrogation of sovereign immunity for Native American tribes under the Bankruptcy Code, and for instrumentalities of Puerto Rico under a similar statute enacted in 2016 allowing the Commonwealth to restructure its debts. The Court also handed down an opinion concerning a homeowner's entitlement to the surplus proceeds of a real estate tax foreclosure sale.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Congress, Supreme Court of the United States
    Authors:
    Christopher Dipompeo , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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