We had a very productive business meeting at ABI’s Annual Spring Meeting, where we discussed a number of issues, including:
Sites Committee
Committees
The new safe harbour from insolvent trading is the most significant change to corporate insolvency law in Australia since the introduction of voluntary administration in 1993. Before the reform was enacted, directors of insolvent companies were effectively mandated to appoint a voluntary administrator.
The collapse of the Urbancorp group of companies has provided an opportunity for an unusual interplay of bankruptcy proceedings between Canada and Israel. The courts in both countries have had to address issues and demonstrate significant judicial cooperation between two countries with vastly different legal systems.
As attorneys are aware, the debtor almost always wants to keep a vehicle when filing a chapter 13 case. Then, post-confirmation, the debtor’s income changes, the vehicle has engine problems or the debtor hits a deer, and the debtor wants to give the vehicle back to the creditor and get a different one.
While a split among the circuits continues to persist with respect to whether the Bankruptcy Code permits a “ride-through” option in the context of a chapter 7 debtor’s statement of intention, the U.S.
The Ninth Circuit Court of Appeals recently joined the Seventh Circuit in adopting what it referred to as the “minority rule” in holding that a free-and-clear sale of property under § 363(f) of the Bankruptcy Code strips a tenant of its statutory right to remain in the premises notwithstanding rejection of the lease pursuant to § 365(h) of the Bankruptcy Code in In the Matter of Spanish Pea
On Feb. 21, 2018, the Delaware Bankruptcy Court in Stanley Jacobs Production Ltd. v.
On Jan. 12, 2018, the First Circuit decided Mission Product Holdings. Inc. v.
Federal policy weighs heavily in favor of protecting the finality of sale orders in bankruptcy.[1] “It has been held that 11 U.S.C.
