The Supreme Court confirms that secured creditors have the right to credit bid in plan sales *

USA - June 22 2012
In the 2010 decision of In re Philadelphia Newspapers, 599 F.3d 298 (3d. Cir. 2010), the Third Circuit Court of Appeals concluded that a plan proponent could deny a secured creditor the right to credit bid on its collateral when the sale was made pursuant to a plan of reorganization.

Co-authors: Douglas E. Deutsch.

New bankruptcy rule 2019 *

USA - February 29 2012
In a September 7, 2010 article, the Wall Street Journal reported an uptick in bankruptcy claim activity by traders and the desire of the traders to not comply with certain bankruptcy disclosure requirements that applied to “committees.”

Co-authors: Douglas E. Deutsch.

Bankruptcy court’s solution to revive a plan based on failed substantive consolidation *

USA - May 23 2011
In general, substantive consolidation allows for the assets and liabilities of affiliated debtor entities to be consolidated and disbursed as if the assets were held and the liabilities were owed by a single legal entity.