We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 445

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


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


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


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


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


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


U.S. Supreme Court Holds That Structured Dismissals Cannot Deviate From the Bankruptcy Code's Priority Scheme
  • Jones Day
  • USA
  • June 1 2017

In bankruptcy cases under chapter 11, debtors sometimes opt for a "structured dismissal" when a consensual plan of reorganization or liquidation


Sixth Circuit Rejects Per Se Rule Automatically Mooting Sale Appeals in the Absence of a Stay
  • Jones Day
  • USA
  • June 1 2017

Debtors beware: The Sixth Circuit Court of Appeals has recently expanded the ability of parties to appeal a bankruptcy court's approval of a sale of


Kiwi Defense Doesn't Get Off the Ground in Preference Litigation Involving Related, but Severable, Contracts
  • Jones Day
  • USA
  • June 1 2017

Among the required elements of a claim to avoid a preferential transfer under section 547(b) of the Bankruptcy Code is that, if the