Bankruptcy trustees and chapter 11 debtors-in-possession (“DIPs”) frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable...more
Courts disagree over whether provisions in a borrower's organizational documents or loan agreements designed to restrict or prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy...more
5/23/2025
/ Bankruptcy Code ,
Board of Directors ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Terms ,
Corporate Governance ,
Creditors ,
Debtors ,
Fiduciary Duty ,
Independent Directors ,
Lenders ,
Limited Liability Company (LLC)
Established in 2015 as a trusted neutral forum to meet increasing demand for effective transnational dispute resolution, the Singapore International Commercial Court (the “SICC”) is a division of the General Division of the...more
3/29/2024
/ Arbitration ,
Arbitration Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Disclosure Requirements ,
Federal Rules of Bankruptcy Procedure ,
Restructuring
Even after a bankruptcy court has confirmed a chapter 11 plan, changed circumstances prior to the plan's implementation and "substantial consummation" might make alterations to the plan necessary. If a proposed change is...more
Health Care Provider Bankruptcy Update: Patient Care Ombudsman Not Necessary In Every Health Care Business Bankruptcy Case -
Recent headlines have starkly illuminated the headwinds facing health care providers struggling...more
12/12/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Banks ,
Chapter 11 ,
Chapter 7 ,
Chapter 9 ,
Corporate Restructuring ,
Debtors ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Non-Debtors ,
Ombudsman ,
Patients ,
Substantive Consolidation
Recent headlines have starkly illuminated the headwinds facing health care providers struggling to recover from a host of financial pressures. Many providers have resorted to filing for bankruptcy protection as a way, among...more
12/11/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 7 ,
Debtors ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Medicaid ,
Medicare ,
Ombudsman ,
Patients
Lawyer Spotlights: Genna Ghaul and Nicholas J. Morin -
The Year in Bankruptcy: 2022 -
A brief chronicle of the year's notable developments in corporate bankruptcy and restructuring, including business bankruptcy...more
The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for...more
New York Bankruptcy Court Rules That Good Faith Is Not The Gatekeeper To Chapter 15 -
Despite the absence of any explicit directive in the Bankruptcy Code, it is well understood that a debtor must file a chapter 11...more
11/10/2021
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 15 ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Good Faith ,
Insolvency ,
Leveraged Buyout
Courts disagree over whether provisions in a borrower's organizational documents designed to prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy or applicable state law. There...more
One year ago, we wrote that the large business bankruptcy landscape in 2019 was generally shaped by economic, market, and leverage factors, with notable exceptions for disastrous wildfires, liabilities arising from the opioid...more
Courts sometimes disagree over whether provisions in a borrower's organizational documents designed to prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy or applicable state...more
10/22/2020
/ Bankruptcy Code ,
Chapter 11 ,
Commercial Bankruptcy ,
Common Stock ,
Corporate Charters ,
Creditors ,
Fiduciary Duty ,
Lenders ,
Limited Liability Company (LLC) ,
Mortgage-Backed Securities ,
Operating Agreements ,
Parent Corporation ,
Public Policy ,
REIT ,
Special Purpose Entities ,
Uniform Commercial Code (UCC)