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2,028 results found

Article

Maurice Wutscher LLP | USA | 19 Sep 2019

11th Cir. Holds No Violation of Bankruptcy Discharge for ‘Informational Statement’

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the bankruptcy court’s denial of a debtor-borrower’s motion for sanctions, which

Article

Littleton Chambers | United Kingdom | 13 Sep 2019

Madoff ‘feeder fund’ appeal: Privy Council rules that BVI insolvency remedies can be granted in foreign courts

The repercussions of Bernard Madoff's multi-billion-dollar Ponzi scheme are still being felt throughout the offshore and insolvency worlds, over 10

Article

Schulte Roth & Zabel LLP | USA | 12 Sep 2019

Ninth Circuit Limits Substantive Consolidation

“A party moving for substantive consolidation must provide notice of the motion to the creditors of a putative consolidated non-debtor,” held the U

Article

FisherBroyles LLP | USA | 11 Sep 2019

5th Circuit Upholds Subordination of Deemed Dividends Under Section 510(b)

In In re Linn Energy, LLC, 2019 WL 4149481 (5th Cir. Sept. 3, 2019), the Fifth Circuit recently reminded us that if a debt instrument looks like a

Article

Nelson Mullins Riley & Scarborough LLP | USA | 10 Sep 2019

Data Privacy and BankruptcyNotable Non-bankruptcy Privacy Laws

Privacy issues implicate several Bankruptcy Code sections and Bankruptcy Rules. The debtor must also comply with non-bankruptcy rules concerning

Article

Cadwalader Wickersham & Taft LLP | USA | 10 Sep 2019

The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate Creditor Treatment Under Peabody Plan

On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of

Article

Krieg DeVault | USA | 9 Sep 2019

New Bankruptcy Code Amendments Change Legal Landscape for Creditors

On Friday, August 23, 2019, the President signed into law the first major amendments to the United States Bankruptcy Code since 2005

Article

Womble Bond Dickinson (US) LLP | USA | 9 Sep 2019

Family Farmer Relief Act Expands Chapter 12 Bankruptcy Protections for Small and Mid-Sized Farms

Running a family-owned farm is not easy work under the best of economic circumstances, and it can be nearly impossible when times are tough. More

Article

FisherBroyles LLP | USA | 6 Sep 2019

SCOTUS Determines Trademark Licensee’s Rights Survive Rejection by Debtor in Bankruptcy

A debtor has the right to assume or reject any executory contract or unexpired lease through its bankruptcy, pursuant to the Bankruptcy Code. A

Article

Schulte Roth & Zabel LLP | USA | 6 Sep 2019

Fifth Circuit Subordinates Claim for Deemed Dividends

“ Payments owed to a shareholder by a bankrupt debtor, which are not quite dividends but which certainly look a lot like dividends, should be

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