1. AUTOMATIC STAY -
1.1 Covered Activities -
1.1.a Bankruptcy court properly enjoins actions against nondebtor entity after divisional merger. The debtor was the product of a divisional merger under Texas law, which...more
AUTOMATIC STAY -
1.1 Covered Activities
1.1.a Court denies injunction against actions involving debtors’ affiliates. Shortly after filing their chapter 11 cases, the debtors in possession sought, in the alternative,...more
5/3/2023
/ Appeals ,
Asset Freeze ,
Automatic Stay ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 13 ,
Chapter 15 ,
Chapter 7 ,
Commercial Bankruptcy ,
Fraudulent Transfers ,
Insolvency ,
Remedies ,
Sanctions ,
Stays ,
Trustees
Recent Developments in Bankruptcy Law -
Cumulative, through April 2023 -
1. AUTOMATIC STAY -
1.1 Covered Activities -
1.1.a Court denies injunction against actions involving debtors’ affiliates. Shortly after filing...more
5/2/2023
/ Automatic Stay ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 13 ,
Chapter 15 ,
Commercial Bankruptcy ,
Cross-Border ,
Debtors ,
Dismissals ,
Environmental Litigation ,
Insolvency ,
Jurisdiction ,
Mass Tort Litigation ,
Remedies ,
Trustees
1. AUTOMATIC STAY -
1.1 Covered Activities -
1.1.a Court declines to enjoin third party claims against the debtor’s jointly liable parent corporation. The debtor manufactured earplugs for many years. A major...more
2/1/2023
/ Automatic Stay ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 13 ,
Chapter 15 ,
Commercial Bankruptcy ,
Consumer Bankruptcy ,
Creditors ,
Cross-Border ,
Cross-Border Insolvency Regulations (CBIR) ,
Debtors ,
Eligibility ,
Foreign Bankruptcies ,
Fraud ,
Fraudulent Transfers ,
Insolvency ,
Jurisdiction ,
Settlement Agreements ,
Taxation ,
Turnover Laws
Covered Activities -
1.1.a Order granting counterclaim declaring validity of mortgage on the debtor’s property does not violate the stay. The debtor acquired property subject to a disputed mortgage. The debtor brought a...more
8/5/2022
/ Automatic Stay ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 13 ,
Coal Act ,
Coronavirus/COVID-19 ,
Creditors ,
Debtors ,
Due Diligence ,
Eligibility ,
Financial Institutions ,
Fraud ,
Jurisdiction ,
Mortgages ,
Paycheck Protection Program (PPP) ,
Safe Harbors ,
SIPA ,
Small Business Reorganization Act of 2019 (SBRA) ,
Transfers ,
Validity
2. AVOIDING POWERS -
2.1 Fraudulent Transfers -
2.1.a Imposition and payment of a tax penalty is not a fraudulent transfer. While insolvent, the debtor incurred and paid tax penalties before bankruptcy. A transfer of...more
AVOIDING POWERS -
Fraudulent Transfers -
Trustee may avoid transfer as actual fraudulent transfer only if ultimate decision-maker has fraudulent intent. Before entering into a two-step LBO transaction, the debtor formed...more