The U.S. District Court for Eastern District of Louisiana recently affirmed the U.S.
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Most oil and gas-producing states have oil and gas mineral lien statutes (similar to what many lawyers know as mechanic’s and materialman’s lien statutes) that grant automatically arising liens in favor of vendors that provide services in connection with oil and gas well operations.
[1]“Critical vendor” status is a blessing. Without such status, an unsecured creditor may receive little to no recovery in a traditional chapter 11.
In business reorganizations under chapter 11, third-party releases are important tools that often facilitate consensual plans of reorganization, greater recovery for creditors, and an expedited resolution of bankruptcy cases, particularly where a debtor faces mass tort claims.
In Levin v. Verizon Bus. Global LLC (In re OneStar Long Distance Inc.),[1] the U.S.
It is no secret that the IRS and other taxing authorities do well in bankruptcy, often at the frustration of both debtors and general unsecured creditors. For debtors, tax claims frequently are nondischargeable. For general unsecured creditors, IRS claims are entitled to higher priority.
Given the media saturation, it is virtually impossible for any American to be unaware of the allegations that Russia and President Putin interfered in the 2016 presidential elections. But only a much smaller subset of the population likely knows that Russia and then-Prime Minister Putin also played a key role in Eclipse Aviation Corp.’s bankruptcy case seven years earlier.
The Third Circuit Court of Appeals recently issued an important opinion addressing the question of when goods are “received” for purposes of § 503(b)(9) of the Bankruptcy Code in In re World Imports Ltd.[1] Reversing two lower courts, the appellate court held that in determining whether a seller is entitled to an administrativ
The U.S. Court of Appeals for the Third Circuit recently provided guidance to practitioners representing suppliers and materialmen looking to secure their otherwise unsecured debt through the filing of a mechanic’s lien following the bankruptcy of a contractor.
Editor's Note: For a new decision upholding a gift plan despite Jevic, see In re Nuverra Environmental Solutions Inc., 17-1024 (D. Del. Aug.
The ABI’s Unsecured Trade Creditors’ Committee and the ABI’s Secured Credit Committee hosted a joint call featuring Mark Gittelman, Chief Practice Counsel - Asset Recovery at PNC. Mark led a discussion regarding the Bank Secrecy Act and Anti-Money Laundering procedures being utilized by financial institutions.
The Unsecured Trade Creditors Committee hosted their most recent bi-monthly committee call on Thursday, October 23rd. Eric J. Haber of Cooley LLP in New York, led a discussion regarding developing strategies in preference cases. Brent Weisenberg of Ballard Spahr in New York moderated the discussion. Please review the attached FAQ and materials that Eric provided attendees.
Third Party Releases are cropping up in Chapter 11 plans with increasing frequency: what are the standards for their inclusion in a plan? Who is getting released and why? What is the consideration for the Third Party Release? Are creditors who vote for the plan deemed to give a Third Party Release? Scott Wolfson of Wolfson Bolton P LLC in Troy, Michigan, led this discussion on third party releases and focused on the recent Fourth Circuit opinion in National Heritage Foundation v.
Section 363(k) of the Bankruptcy Code permits a secured creditor to credit bid at a sale of its collateral unless the court orders otherwise for cause. If the secured creditor is the winning bidder, it may offset its claim with the purchase price of the collateral. The U.S. Supreme Court’s Radlax opinion (Radlax Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012)) affirmed secured creditors’ rights under section 363(k), but two 2014 opinions addressing credit bidding issues found cause to limit section 363(k) credit bidding.
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