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Congress Proposes Significant Bankruptcy Code Changes to Protect Tort Claimants and Creditors, But What are the Real Consequences?

USA - August 11 2021 Two controversial mechanisms are available in many circuits to assist parties in a chapter 11 case to reach a global resolution and obtain plan…

Peter R. Morrison

Section 363(o) Implications: Bankruptcy Court Denies Debtor’s Request to Disband Consumer Creditors’ Committee

USA - June 11 2019 On May 17, 2019, the Bankruptcy Court for the Southern District of New York announced that the Official Committee of Consumer Creditors (the “Consumer…

To Estimate or Not to Estimate, that is the Question

USA - August 5 2021 Is there any downside to a debtor filing a motion to estimate a claim? Or, is an estimation motion simply procedural in nature? As the debtors…

Christopher J. Giaimo

Claims Agents Beware: Business Arrangement With Claims-Trading Platform Raises Court’s Concern

USA - November 28 2022 Online claims-trading platform Xclaim Inc. came under scrutiny this past summer in the Madison Square Boys & Girls Club Inc. bankruptcy case pending…

Seventh Circuit Keeps The Door Open After Asset Sale And Limits The Scope of Section 363(m)

USA - March 21 2019 Section 363 of the Bankruptcy Code provides a debtor with the power to sell its assets during the bankruptcy case free and clear of all interests…