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King & Spalding

Texas Bankruptcy Court Recommends Denying Summary Judgment in Case Alleging Fraudulent Transfer of PPP Funds to Make Settlement...

King & Spalding on

On May 16, 2024, the U.S. Bankruptcy Court for the Northern District of Texas recommended that the district court largely deny cross motions for summary judgment in an action by the liquidating trust for Fresh Acquisitions,...more

King & Spalding

U.S. Bankruptcy Court for the Southern District of Texas Denies Motion for Summary Judgment in Case Challenging “Uptier”...

King & Spalding on

On January 14, 2024, the U.S. Bankruptcy Court for the Southern District of Texas largely denied cross motions for summary judgment on aggrieved noteholders’ claims arising from a so-called “uptier” transaction. In 2019,...more

Bradley Arant Boult Cummings LLP

Two Steps Too Far: New Limitations on the Use of the Texas Two- Step to Resolve Mass Tort Liability in Bankruptcy

Bradley Arant Boult Cummings LLP on

This paper explores the mechanisms by which companies have utilized corporate restructuring through divisive mergers in conjunction with the available protections and tools of the United States Bankruptcy Code to resolve mass...more

Shumaker, Loop & Kendrick, LLP

Trouble in Texas: Resignations and Scandal - Eurofenix, Winter 2023/24

Shumaker, Loop & Kendrick, LLP on

The fall of Enron Texas is the second largest US state (after Alaska). It is an economic engine in the US, fuelled primarily by the oil and gas industry. When Houstonbased Enron Corporation filed its Chapter 11 case in the...more

Bracewell LLP

Texas "Two-Step" Forward, Three Steps Back for Mass Tort Debtors in the Third Circuit After LTL

Bracewell LLP on

In a decision that may provide much-needed boundaries around the permissibility of debtors created from “out-of-the-box” prepetition corporate transactions, on January 30, 2023, the United States Court of Appeals for the...more

Freeman Law

Fraudulent Transfers | Badges of Fraud

Freeman Law on

After a break for the holidays, this is the third of an expected five-part series on fraudulent transfers. In my first blog, I laid out the basic statutory framework, as well as a described generally the difference between...more

Freeman Law

Elements of Fraudulent Transfers Under Bankruptcy Code and TUFTA

Freeman Law on

This is the second of an expected five-part series on fraudulent transfers. In my first blog, I laid out the basic statutory framework, as well as described generally the difference between actual and constructively...more

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