In a recent decision by the Tenth Circuit Bankruptcy Appellate Panel, the court held that a chapter 7 trustee could not sell an LLC membership interest pursuant to section 363 of the Bankruptcy Code because of a transfer...more
On August 18, 2022, the United States Bankruptcy Court for the Southern District of Indiana, in In re BWGS, LLC, No. 19-01487-JMC-7A, 2022 WL 3568045 (Bankr. S.D. Ind. Aug. 18, 2022), narrowly interpreted the safe harbor...more
9/28/2022
/ Acquisitions ,
Bankruptcy Code ,
Bankruptcy Court ,
Bridge Loan ,
Chapter 7 ,
ESOP ,
Fraudulent Transfers ,
Loan Payments ,
Motion to Dismiss ,
Safe Harbors ,
Section 546(e) ,
Stock Purchase Agreement
Last month, the United States Court of Appeals for the Second Circuit, in Homaidan v. Sallie Mae, Inc., 3 F.4th 595 (2d Cir. 2021), affirmed a New York federal court's ruling that private student loans are not explicitly...more
The Bankruptcy Protector has previously provided a succinct summary of all cases decided post-Jevic. In this update, we discuss the cases decided between May 10, 2019 and November 27, 2019....more
In In re I80 Equip., LLC, 938 F.3d 866, 874 (7th Cir. 2019), the Seventh Circuit held that a financing statement under the Uniform Commercial Code sufficiently describes collateral by referring to an unattached security...more
In In re Mihranian, 2019 WL 4252115 (9th Cir. 2019), the Ninth Circuit Court of Appeals held, as a matter of first impression, that a party moving for substantive consolidation of the debtor's bankruptcy estate with the...more
Back in December of 2017, the Bankruptcy Protector provided a succinct summary of all cases decided post-Jevic through November 17, 2017. In this update, we discuss the cases decided between November 17, 2017 and May 10,...more
Affirming the lower court’s decision, the Firth Circuit recently held that a patent license purchased by a company in a bankruptcy sale was a rejected executory contract and could not have been transferred by the sale in...more
The United States Bankruptcy Court for the Northern District of California recently held that a resident of Hong Kong who purchased goods over the internet from a company in California was subject to personal jurisdiction in...more