Here we go again. Precisely one hour and thirty-nine minutes after the dismissal of the bankruptcy filing of LTL, Johnson & Johnson’s artificially created talc-liability subsidiary, the company was right back at it again with...more
4/13/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Financial Distress ,
Fraudulent Transfers ,
Good Faith ,
Holding Companies ,
Johnson & Johnson ,
Settlement ,
Subject Matter Jurisdiction ,
Subsidiaries
Here’s an interesting read: LaTasha Tennial v. REI Nation, LLC, No. 20-5358, — F.3d —-, 2020 WL 6304352 (6th Cir. Oct. 28, 2020).
After a lengthy analysis of prior cases, all of which held that Bankruptcy Rule...more
On August 23, 2019, the President of the United States of America signed three new bankruptcy amendments into law. The first bill, H.R. 3311, ratifies The Small Business Reorganization Act of 2019, creating a new option for...more
9/5/2019
/ Amended Legislation ,
Bankruptcy Code ,
Bankruptcy Preferences ,
Chapter 11 ,
Chapter 12 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Due Diligence ,
Farms ,
Reorganizations ,
Small Business ,
Veterans
Once in a while, a Supreme Court opinion crosses my desk that I cannot ignore. Such was the case today. The United States Supreme Court issued its opinion in MERIT MANAGEMENT GROUP, LP v. FTI CONSULTING, INC., a unanimous...more
3/2/2018
/ Avoidance ,
Bankruptcy Code ,
Chapter 11 ,
Commercial Bankruptcy ,
Financial Institutions ,
Fraudulent Transfers ,
Intermediaries ,
Merit Management Group v FTI Consulting ,
Safe Harbors ,
SCOTUS ,
Section 546(e) ,
Split of Authority
In re Sunnyslope Hous. Ltd. P’ship, 859 F.3d 637 (9th Cir. 2017), as amended (June 23, 2017)(“Sunnyslope”), is a noteworthy case for secured lenders. The case involves confirmation of the cram down plan proposed by Sunnyslope...more