The inclusion of third-party releases in plan of reorganization can be a particularly contentious aspect of the plan confirmation process. Debtors seeking such releases typically face opposition from affected creditors and scrutiny from bankruptcy courts that consider such releases prone to abuse.
The conflict between sections 363(f) and 365(h) of the Bankruptcy Code involves the question of whether a debtor-le
The United States Court of Appeals for the Seventh Circuit recently held that numerous forbearances by a lender that allowed a single asset real estate borrower to stave off bankruptcy for four years provided value in the context of a constructive fraudulent transfer action. 1756 W. Lake St. LLC v. Am. Chartered Bank (In re 1756 W. Lake St. LLC), Case No. 14-1869 (7th Cir.
In today’s economic environment, the rights of secured creditors have become a hot topic around the figurative dinner table of bankruptcy professionals. Inevitably, this conversation includes a discussion of those Bankruptcy Code provisions intended to protect the rights of secured creditors, including:
In June of 2007, Harvey gave the keynote address at the International Institute of Insolvency. In the address, Harvey asked the question, “Is the market headed for disaster?” He also says, “When the bubble bursts, those left holding today’s version of tulip bulbs may be left scratching their heads and pining for the past.” Little did Harvey (or anyone else) suspect that 15 months later, the collapse of Lehman Brothers would trigger a worldwide financial crisis.
Introduction
As Ursula the Sea Witch once said “Life’s full of tough choices, isn’t it?” The Sixth Circuit was recently faced with its own “tough choice” on choice of law in Sutherland v. DCC Litigation Facility, Inc., No. 13-1497 (6th Cir. Feb.
“And it’s too late, baby now, it’s too late,Though we really did try to make it.”
- Carole King, It’s Too Late
The automatic stay is a powerful tool of the Bankruptcy Code, affording debtors a breathing spell from creditors seeking payment. Section 362(k)(1) of the Bankruptcy Code reinforces the stay by allowing individual debtors to recover actual and punitive damages for willful violations.