Introduction
Sites Committee
Committees
It’s not what a man doesn’t know that makes him a fool, it’s what he does know that ain't so.
-Josh Billings
Corporate failures (at the risk of stating the obvious) usually result in the realization by creditors of the failed enterprise in less – often far less – than the par value of their claims. Unsurprisingly, this often leads to aggressive efforts to ascribe responsibility for the failure of the enterprise and to seek recovery from those deemed blameworthy (and deep-pocketed).
Earlier this year, U.S. Bankruptcy Judge Arthur Gonzalez ruled in the Enron bankruptcy proceeding that bankruptcy claims in the hands of innocent buyers may be equitably subordinated based on the conduct of upstream sellers, which need not be related to the transferred claim. See In re Enron Corp., 340 B.R. 180 (S.D.N.Y.
China’s market-oriented reform has generally been successful since it started in the late 1970s. However, the transition of its corporate and financial sectors has suffered greatly from the absence of a functioning insolvency regime.
I am sure that I am not alone in noticing that my commercial-corporate bankruptcy practice has involved a far greater number of fraud cases than I eve
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.
dments in italics):
Bankruptcy fraud
