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Results: 1-10 of 388

Section 553 of the Bankruptcy Code Preserves Rather Than Creates Setoff Rights
  • Jones Day
  • USA
  • August 11 2017

In Feltman v. Noor Staffing Grp., LLC (In re Corp. Res. Servs. Inc.), 564 B.R. 196 (Bankr. S.D.N.Y. 2017), the bankruptcy court considered whether


In Brief: Second Circuit Reaffirms Broad Scope of Bankruptcy Code’s Subordination of Shareholder Claims
  • Jones Day
  • USA
  • August 11 2017

Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditorshareholder risk allocation paradigm by categorically


Supreme Court Rules That Filing Bankruptcy Claim on Time-Barred Debt Does Not Violate FDCPA
  • Jones Day
  • USA
  • August 11 2017

In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does


Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric in Authorizing Free and Clear Bankruptcy Sale
  • Jones Day
  • USA
  • August 11 2017

The ability of a trustee or chapter 11 debtor in possession ("DIP") to sell bankruptcy estate assets "free and clear" of liens on the property under


Second Circuit Affirms Bankruptcy Court’s Nullification of Chapter 15 Debtor’s Sale of Claim Due to Woefully Inadequate Price
  • Jones Day
  • USA
  • August 11 2017

In the MarchApril 2013 edition of the Business Restructuring Review, we reported on an opinion by the U.S. Bankruptcy Court for the Southern


Ninth Circuit Rules That Hypothetical Preference Actions May Be Considered in Applying the Greater Amount Test
  • Jones Day
  • USA
  • August 11 2017

In Schoenmann v. Bank of the West (In re Tenderloin Health), 849 F.3d 1231 (9th Cir. 2017), a divided panel of the U.S. Court of Appeals for the


Court Agrees to Review Ruling Concerning Standard for Recharacterizing Debt as Equity
  • Jones Day
  • USA
  • August 11 2017

On June 27, 2017, the Court granted certiorari n PEM Entities LLC v. Levin, No. 16-492 (U.S. June 27, 2017), in which it will have the opportunity to


The year in bankruptcy: 2011
  • Jones Day
  • USA
  • January 20 2012

A "roller-coaster ride of financial and economic uncertainty" would be one way to describe 2011


First impressions: Second Circuit rules that lien is extinguished under chapter 11 plan only if secured creditor participates in case
  • Jones Day
  • USA
  • October 1 2015

A hornbook principle of U.S. bankruptcy jurisprudence is that valid liens pass through bankruptcy unaffected. This long-standing principle, however


The Year in Bankruptcy: 2015
  • Jones Day
  • Global, USA
  • February 1 2016

The world’s second-largest economy (China) stumbled; Japan receded; the U.K. showed signs of life; the war-torn Middle East reeled; oil