On June 28, 2011, in a much anticipated decision, a panel of the United States Court of Appeals for the Seventh Circuit, in In re River Road Hotel Partners, LLC, affirmed a decision of th...
Late last week, the United States Supreme Court affirmed a 2010 ruling of the Ninth Circuit Court of Appeals and held that a bankruptcy court, as a non-Article III court, did not have the...
On February 16, 2011 the Third Circuit Court of Appeals affirmed a Delaware bankruptcy court’s 2009 ruling that “commercially reasonable determinants of value” for purposes of measu...
On February 11, 2011, the U.S. District Court for the Southern District of Florida quashed a 2009 Bankruptcy Court decision that had ordered certain lenders of Florida-based homebuilder T...
In an important recent decision, In re Champion Enterprises Inc., the U.S. Bankruptcy Court for the District of Delaware held that payments made and collateral granted on account of valid...
In a recent controversial decision, In re Visteon Corp., the U.S. Court of Appeals for the Third Circuit ruled that a debtor must comply with the stringent procedural and substantive requ...
In a notable recent decision (In re Exide Technologies, Docket Number 08-1872 (3d Cir. Jun. 1, 2010)), the Third Circuit, in reversing a decision by the District of Delaware, held that a ...
On June 15, 2010, significant amendments to Bankruptcy Rule 2019, which governs the disclosure of claims and interests held by members of certain representative entities and the parties t...
A “break – up fee” is a very common deal - protection mechanism, both inside and outside of chapter 11, designed to compensate an initial bidder in an auction for its efforts in con...
Articles & Books
American Bankruptcy Institute Law Review Vol. 14:527
The ability of creditors in bankruptcy to seek the “substantive consolidation” of the assets and liabilities of affiliated entities has been recognized for more than sixty years, even...
