Benchnotes March 2025
Journal Issue:
Companies Can Be ‘Bankruptcy Remote,’ if Properly Done
Bankruptcy Judge David Cleary wrote a manual on how a company can be ‘bankruptcy remote’ without violating public policy.
Converting from Chapter 7 to Sub V to Liquidate Is Ok, Judge Cleary Says
A corporate debtor with no income and no operating business could convert an involuntary chapter 7 case to Subchapter V of chapter 11.
Judicial Talk: Read the Freaking Code
Reverse Vesting Orders: The Most Powerful Tool You’ve Never Heard Of
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Sub V Trustee in Chapter 11 Can’t Be Enlisted to Pursue Avoidance Actions
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
Case Law Updates
Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
Court: