“Desperate times call for desperate measures” is often a rallying cry to justify harsh actions taken during times of panic and uncertainty which, in retrospect, are regrettable. To protect against such adverse consequences in bankruptcy, there are and should be safeguards in place to prevent creditors from imposing unreasonable restrictions on a debtor at the immediate onset of an involuntary case. In
Chapter 15 of the Bankruptcy Code was introduced more than ten years ago to “to provide effective mechanisms for dealing with cases of cross-border insolvency.” It incorporates the Model Law on Cross-Border Insolvency (the “Model Law”) promulgated by the
Technical Knock Out (“TKO”): a boxing term used to describe a situation where one boxer is deemed the winner after knocking the other down three times. In this case, a TKO can also be used to describe a recent ruling by the United States District Court for the District of New Mexico.
“Round and around and around and around we go // Oh now tell me, now tell me, now tell me now you know // … It takes me all the way // I want [to extend the automatic] stay” – Rihanna (as modified)
An essential element to any cramdown plan is the presence of at least one impaired accepting class. Even when a plan proponent purports to satisfy this requirement, objecting parties will often challenge the plan’s classification scheme or whether a particular class is truly impaired. A recent decision from the Southern District of New York,
Starting today, you may notice a new look for some of the forms used in bankruptcy cases. Some of the key forms now make a distinction between non-individual bankruptcy cases and business bankruptcy cases. For your convenience, we are attaching some of the key forms used in business bankruptcy cases.
The following are among the changes to the less compact form of petition for business bankruptcies: