Court holds that Stockton is eligible to file for chapter 9 *

USA - April 3 2013
On April 1, 2013, the U.S. Bankruptcy Court for the Eastern District of California ruled that the City of Stockton qualified to file for protection…

Co-authors: Michele C. Maman, Lary Stromfeld , Mark C. Ellenberg, Thomas Curtin .

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City of Stockton: Bankruptcy Court holds that Rule 9019 does not apply to Chapter 9 debtors *

USA - January 31 2013
On January 30, 2013, Judge Christopher Klein of the Bankruptcy Court for the Eastern District of California held that, pursuant to section 904 of the…

Co-authors: Michael J. Cohen, Lary Stromfeld , Mark C. Ellenberg, Thomas Curtin , Douglas S. Mintz.

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Fifth Circuit crafts new test for foreign debtor relief *

USA - January 14 2013
On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. De C.V. Issued a groundbreaking decision under Chapter 15 of…

Co-authors: Casey Servais, Audrey Aden Doline .

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Supreme Court affirms secured creditors’ right to credit bid at plan sales *

USA - July 11 2012
On May 29, 2012, the U.S. Supreme Court in RadLAX Gateway Hotel v. Amalgamated Bank, its first significant Chapter 11 opinion in several years, affirmed the U.S. Court of Appeals for the Seventh Circuit’s decision in River Road Hotel Partners v. Amalgamated Bank, prohibiting a debtor from selling assets free and clear of liens under a plan of reorganization without permitting a secured creditor to credit bid.

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Harrisburg: a case study in state law barriers to Chapter 9 *

USA - January 10 2012
On November 23, 2011, the Bankruptcy Court for the Middle District of Pennsylvania dismissed Harrisburg, Pennsylvania’s Chapter 9 bankruptcy petition because, shortly before the filing, the state legislature expressly prohibited Harrisburg from seeking relief under Chapter 9.

Co-authors: Lary Stromfeld , Timothy T. Brown , Douglas S. Mintz.

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