In bankruptcy cases, it is common for appellate courts to decline to review orders confirming substantially consummated chapter 11 plans because of the “equitable
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The Lehman Brothers chapter 11 case will set many historic records and provide much “new” law before it winds down.
Whether informal committees must comply with the disclosures mandated by Rule 2019 of the Federal Rules of Bankruptcy Procedure is a very hot litigation topic and
The Pooling and Servicing Agreement (PSA) is the document that actually creates a residential mortgage-backed securitized trust and establishes the obligations and
The U.S. Supreme Court just ruled 9-0 in United Student Aid Funds Inc. v. Espinosa, 559 U.S.
I have trained more than 350 attorneys at my bankruptcy boot camps, and to my surprise less than 10 percent know what I mean when I refer to a “QWR.” This is shock
Over the past year, much has been written about the coming “wave” of debt maturities; to add to the drama, some call it a tidal wave and others a tsunami. Regardless of the label that one uses, there is no dispute that several trillion dollars of debt will be coming due in the next few years.
With the stock market up by 18.9 percent through the end of November 2009 and “signs” of recovery on the horizon, financial institutions throughout the world continue their quarterly, if not monthly, chore of estimating loan loss reserves during the most challenging times in recent economic history.
This article addresses potential preference exposure for workout payments made pursuant to restructuring agreements between a creditor and debtor. Specifically, this article will address whether these payments are free from avoidance under the “ordinary course of business” defense.
The Ordinary Course of Business Defense in General
