In order for a trustee or debtor-in-possession (DIP) to recover a fraudulent transfer pursuant to §548 of the Bankruptcy Code (absent an actual intent
Bankruptcy Litigation Committee
Committees
With commercial bankruptcy filings presently at an all-time low and a steady decrease in filings occurring each year going back to 2003, it has become a much longer and drawn-out process to resolve a ban
A recent opinion from the U.S.
During one week in May, two appellate decisions came out of the district court of the Southern District of New York relating to mootness of appeals of confirmation
Rarely is an official rule of court publicly acknowledged as a license for a “fishing expedition,” but that is the characterization often conferred by the courts o
Over the past year, courts have begun addressing issues raised by revised 28 U.S.C.
In Industrial Clearinghouse Inc. v. Mims (In re Coastal Plains Inc.), 338 B.R. 703 (N.D. Texas 2006), the U.S.
The Second and Third Circuits recently issued opinions that support the enforceability of otherwise valid arbitration clauses in core bankruptcy matters.
In ordinary litigation proceedings, lawyers often introduce summaries for a variety of purposes, either evidentiary, demonstrative or both.
Imagine yourself representing former insiders of a chapter 11 debtor in an adversary proceeding charging your clients with breach of fiduciary duties.
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