Getting a seat at the table: recent Sixth Circuit cases regarding standing in bankruptcy proceedings and appeals *

USA - February 6 2013
The United States Court of Appeals for the Sixth Circuit recently issued two opinions examining standing issues in bankruptcy proceedings. This…

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Retaining preference actions in plans of reorganization - how much disclosure is enough? *

USA - February 6 2013
The chronology in many successful Chapter 11 cases is for the debtor to confirm its plan of reorganization, and then turn its attention to recovering…

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Title versus possession: calculating the date of receipt of goods for purposes of §503(b)(9) of the Bankruptcy Code *

USA - February 6 2013
Section 503(b)(9) of the Bankruptcy Code, which was added to the Code pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Ace of 2005…

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Going, going, gone: increased use of Chapter 11 to quickly sell business assets *

USA - February 6 2013
Increasingly, struggling businesses are opting to use Chapter 11 bankruptcy as a vehicle to sell substantially all of their assets. This is because…

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It's in the contract: allowance of post-petition claims for attorneys' fees by unsecured creditors *

USA - February 6 2013
Recent Second Circuit and Ninth Circuit opinions highlight the dispute over whether or not the Bankruptcy Code authorizes allowance of claims for…

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