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Results: 11-20 of 1,889

Same As It Ever Was: Seventh Circuit Reaffirms Narrow Construction of Informal Proof of Claim Doctrine
  • Weil Gotshal & Manges LLP
  • USA
  • August 5 2016

We’ve previously commented on this blog on a number of decisions (see: Too Little, Too Late: Ninth Circuit Holds Confirmation Objection


Losing Both Ways: Debtor Diligence in the Identification of Claims
  • Bryan Cave LLP
  • USA
  • August 3 2016

Two recent cases serve as reminders the devil is truly in the details. As to the front-end risks associated with an early 363(f) sale, in In re


In Conflict With Other Circuits, Seventh Circuit Rules That Certain Transfers Involving Financial Institution Intermediaries Not Immune From Recovery By Bankruptcy Trustee
  • Proskauer Rose LLP
  • USA
  • August 2 2016

Section 546(e) of the bankruptcy code prohibits a bankruptcy trustee from avoiding “settlement payments”, or payments “made in connection with a


District Court Opinion Shows Collateral Impact of Crawford Decision
  • Smith Debnam Narron Drake Saintsing & Myers LLP
  • USA
  • August 1 2016

A recent decision out of the Southern District of Georgia shows the collateral impact of the Crawfordv. LVNV Funding proof of claim decision issued


"Winding Up" A Law FirmPartnership Doessn't Necessarily Mean Liquidation
  • Brooks Pierce McLendon Humphrey & Leonard LLP
  • USA
  • July 27 2016

You can "wind up" a partnership without having to liquidate all of its assets and terminating its existence. So ruled Judge McGuire last week in


Freedom of Contract in LLC Structure Is Not Absolute Where Parties Seek Bankruptcy Relief
  • McCarter & English LLP
  • USA
  • July 21 2016

In re Intervention Energy Holdings, LLC, Case No. 16-11247 (D. Del. June 3, 2016), the Bankruptcy Court for the District of Delaware dealt with the


Anatomy of a Term Sheet: Series A Financing (Q2 2016)
  • McCarter & English LLP
  • USA
  • July 14 2016

A key milestone in the lifecycle of many successful companies (and, admittedly, many unsuccessful companies) is obtaining financing from angel or


Supreme Court Enhances Creditor’s Right to Bar Debtor’s Discharge of Debts-Expanding Reach of Actual Fraud and Shareholder’s Liability
  • Porter Wright Morris & Arthur LLP
  • USA
  • July 14 2016

Until the recent U. S. Supreme Court’s decision in Husky International Electronics, Inc. v. Ritz, __ U.S. __, 136 S.Ct. 1581, 194 L.Ed.2d 655, 84 U.S


Shareholders can pursue derivative suits against insolvent corporations in Illinois
  • Greensfelder, Hemker & Gale, P.C.
  • USA
  • July 7 2016

Illinois courts have long recognized that an insolvent corporation’s creditors have standing to bring a derivative action on behalf of the


Supreme Court Holds That “Actual Fraud” Under Section 523(a)(2)(A) of the Bankruptcy Code May Include Fraudulent Transfers That Occur Without False Representations
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 20 2016

On May 16, 2016, the United States Supreme Court in Husky International Electronics v. Ritz held that the phrase “actual fraud” under section