Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Auto Dealership Bankruptcy - Three Important Considerations for Manufacturers
    2017-11-20

    When a dealership files for bankruptcy, a manufacturer will be faced with critical decisions regarding the proposed restructuring and the treatment of its dealer agreement. The bankruptcy code provides debtors with certain rights in order to maximize the recovery for creditors. Manufacturers must be cognizant of these rights in any dealer bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Authors:
    H. Jason Gold , Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Ruling interprets Bankruptcy Code provision to allow debtors to evade credit bid rights of secured creditors
    2010-03-24

    On March 22, 2010, a three judge panel of the United States Court of Appeals for the Third Circuit issued a highly anticipated decision in the matter of In re Philadelphia Newspapers LLC, 2010 WL 1006647, (3rd Cir. Case No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Limited liability company, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    Peter J. Haley
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Subchapter V—Fourth Circuit Rules Not a Panacea for the Dishonest Debtor
    2022-06-27

    The Bankruptcy Protector

    In 2019, Congress enacted the Small Business Reorganization Act. This legislation created a new type of Chapter 11 reorganization under which certain businesses with total debts less than a certain threshold (currently $7.5 million) could reorganize. These provisions, known as Subchapter V eliminated certain requirements for confirmation of a reorganization plan and include other changes to make small business reorganization quicker and less expensive.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, US Congress, Fourth Circuit
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Lender Liability is Not a Thing of the Past: Texas Bankruptcy Court Slams Lender with $17 Million in Damages for Exercising Improper Control Over Borrower
    2022-03-07

    The Bankruptcy Protector

    In recent years it seems that a common misconception among lenders and their counsel has been taking shape. Namely, that lender liability is no longer a viable cause of action in today’s financial services and judicial landscapes. Those who subscribe to this view, however, should pay careful attention to a recent decision demonstrating that lenders still can be held liable and face substantial damages if they exercise excessive control over a borrower’s business affairs.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Due diligence
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Are Nondischargeability Provisions of Section 523(a) Extended to Corporate Debtors in Chapter 11 Subchapter V Cases?
    2021-11-08

    An emerging issue facing bankruptcy courts in subchapter V — small business reorganization cases[1] — is whether the 19 categories of debts listed in section 523(a) of the Bankruptcy Code are subject to discharge in a cramdown confirmation of a corporate debtor’s plan of reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    The Small Business Reorganization Act: An Unintended Lifeline For Small Businesses Considering Restructuring Due to COVID-19
    2020-08-24

    For years, small business debtors have struggled with the intricacies of Chapter 11, the debt limitations of Chapter 13 and Chapter 7 bankruptcy liquidations. Stringent requirements and procedural hurdles often made restructuring a prohibitively expensive option for many small business debtors. Congress attempted to address these issues with H.R. 3311, the Small Business Reorganization Act (the “SBRA”). The SBRA, which was signed into law on August 23, 2019, creates a new subchapter, Subchapter V, of Chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA), US House of Representatives
    Authors:
    George B. Cauthen
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Filing a Proof of Claim Does Not Preserve an Administrative Expense Claim
    2019-09-20

    The Bankruptcy Protector

    A Texas bankruptcy judge has determined that a landlord will not be entitled to an administrative claim for post-petition rent as it failed to file and prosecute a timely motion for allowance of the administrative rent claim holding that a previously and timely filed proof of claim is insufficient. In re: Taco Bueno Restaurants Inc., --- B.R --- (Docket No. 18-33678), 2019 WL 4010681 (Bankr. N.D. Tex. Aug. 23, 2019).

    The Filing and Lease Rejection

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Debtor, Title 11 of the US Code
    Authors:
    C. Craig Eller
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Section 546(e) Safe Harbor Beyond Our Borders
    2018-12-19

    The recent Supreme Court decision in Merit Management Group LP v. FTI Consulting, Inc. eliminated any circuit split or confusion over the language of the section 546(e) safe harbor.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Safe harbor (law)
    Authors:
    David M. Barnes, Jr. , Woods Drinkwater
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Exelon Merchant Unit in Texas Files for Bankruptcy
    2017-11-14

    Citing historically low electricity prices and a challenging business environment for power generators, Chicago-based Exelon Corp. filed Chapter 11 bankruptcy protections for Exelon Generation Texas Power LLC (“EGTP”) — a merchant generation unit Exelon owns in Texas.  The unit will continue to own and operate the 1,265 MW Handley Generating Station in Fort Worth, Texas, in exchange for a $60 million payment to the lenders.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Authors:
    Steven Shparber
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Officers and directors of troubled banks at risk of personal liability
    2010-03-02

    In 2009, there were 140 failed banks. So far this year, 16 more banks have been seized by the FDIC. There are 702 banks currently on the FDIC's troubled banks list, and regulators and analysts predict that several hundred of those likely will fail over the next two years.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Shareholder, Fraud, Board of directors, Market liquidity, Mortgage loan, Holding company, Underwriting, US Federal Government, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 1926
    • Page 1927
    • Page 1928
    • Page 1929
    • Current page 1930
    • Page 1931
    • Page 1932
    • Page 1933
    • Page 1934
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days