Recently, the U.S. Bankruptcy Court for the Southern District of New York was asked to decide whether an auditor was required to provide its work papers to a foreign representative who sought to compel such production pursuant to certain provisions of the Bankruptcy Code and the Bankruptcy Rules, including Bankruptcy Code § 1521.
Good-faith efforts can create good outcomes. A can cause B. The absence of B, however, does not necessarily mean that A was absent: Bad results can occur even with good-faith efforts.
Adequate protection is one of the central protections provided to secured creditors by the Bankruptcy Code, and it is designed to protect against any diminution of the value of the secured creditor’s lien during the course of a debtor’s bankruptcy proceedings.
Similar to domestic bankruptcy cases, in chapter 15 cases the sale or disposition of property located in the U.S.
Shopping centers are a delicate blend of stores and services, carefully crafted at the hand of the master mixologist: the landlord. However, if a landlord doesn’t take certain precautions, it may lose its right to control the balance of the ingredients to this cocktail: the tenant mix.
A Massachusetts bankruptcy court has ruled that a duplex used both as the debtors’ residence and an Airbnb rental qualified for Massachusetts’s homestead exemption.
Getting paid as a bankruptcy professional can often be a tightrope walk. Transparency is extremely important when you receive payment from the estate, especially because you need to submit your application for payment to the court. In most cases, it becomes public record for everyone to review and scrutinize.
What is an interested party? Consider these everyday scenarios: An unsupervised child encounters a take-one-piece-only Halloween bucket; a teacher administers a your-bonus-rides-on-these-results test; or a football team pays a doctor to conduct in-game concussion evaluations. These conflicts raise concerns about the ability of the conflicted party to be fair and impartial.
Corporate governance battles spill into bankruptcy courts and at times serve as the genesis for bankruptcy petition filings.
You were just recently selected as the mediator in a large chapter 11 case, and the judge happily approved your selection. You prepare, you schedule, and you then look forward to what you believe will be a successful mediation session.
