Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613...more
5/15/2020
/ Air Pollution ,
Appeals ,
Bankruptcy Code ,
Bankruptcy Discharge Order ,
Batteries ,
Carve Out Provisions ,
Chapter 11 ,
Civil Monetary Penalty ,
Coal Industry ,
Commercial Bankruptcy ,
Common Law Claims ,
Corporate Restructuring ,
Debtors ,
Dischargeable Debts ,
Enforcement Actions ,
Environmental Violations ,
Fines ,
Fraud ,
Global Warming ,
Municipalities ,
Permanent Injunctions ,
Police Power ,
Proof of Claims ,
Public Nuisance ,
Recycling ,
State Regulators ,
Strict Liability
Answering “no” to a certified question from the Fifth Circuit, the Supreme Court of Texas held that a transferee on inquiry notice of fraud cannot shield itself from clawback without diligently investigating its initial...more
1/16/2020
/ Affirmative Defenses ,
Appeals ,
Bankruptcy Code ,
Clawbacks ,
Creditors ,
Debtors ,
Failure to Investigate ,
Fraud ,
Fraudulent Transfers ,
Good Faith ,
Inquiry notice ,
Internal Investigations ,
Investors ,
Stanford Ponzi Scheme ,
Transferees ,
TX Supreme Court ,
UFTA
In the fifth opinion involving the repo liquidation saga of HomeBanc, the Third Circuit addressed several crucial issues involving the liquidation and valuation of repo collateral in bankruptcy. In re HomeBanc Mortg....more
1/7/2020
/ Affiliates ,
Appeals ,
Auction ,
Automatic Stay ,
Bankruptcy Code ,
Bid Solicitation ,
Buyers ,
Chapter 11 ,
Chapter 7 Conversions ,
Collateral ,
Commercial Bankruptcy ,
Damages ,
Default ,
Deficiency Judgments ,
Foreclosure ,
Good Faith ,
Inside Information ,
Investment Banks ,
Liquidation ,
Mortgage Lenders ,
Mortgage-Backed Securities ,
Mortgages ,
Repossess ,
Safe Harbors ,
Securities ,
Sellers ,
Trustees ,
Valuation