Recently, in In re Moon Group Inc., a bankruptcy court said no, but the district court, which has agreed to review the decision on an interlocutory appeal, seems far less sure.
The bankruptcy court held that a lockbox...more
7/14/2023
/ Advances ,
Appeals ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 7 ,
Credit Agreements ,
Debtors ,
Interlocutory Appeals ,
Lenders ,
Line of Credit ,
Liquidity ,
Notice of Default
No, says the Delaware Bankruptcy Court in In re Maxus Energy Corp. In Maxus, the defendant, Vista Analytical Laboratory, Inc. (“Vista” or the “Defendant”), a designated critical vendor, sought summary judgement dismissing the...more
It is well established that by filing a proof of claim in bankruptcy, a creditor submits itself to the equitable jurisdiction of the bankruptcy court and waives any right it would otherwise have to a jury trial with respect...more
In a recent decision on motions for summary judgement in the TransCare case, the SDNY bankruptcy court addressed the test for the imposition of liability under the US and New York Worker Adjustment and Retraining Notification...more
5/22/2020
/ Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Common Ownership ,
Corporate Restructuring ,
Debtors ,
Economic Realities Test ,
Financial Distress ,
Layoffs ,
Motion for Summary Judgment ,
Private Equity Funds ,
Single Employer Liability Test ,
Unpaid Wages ,
WARN Act
Section 546(e) of the Bankruptcy Code excepts certain transfers made to certain protected parties, under or in respect of securities contracts, from avoidance as preferences or constructively fraudulent transfers. A recent...more
Can foreign transfers of a U.S. debtor be avoided under the Bankruptcy Code’s avoidance provisions? While the Bankruptcy Court for the Southern District of New York recently found that the answer is no, that court, as well as...more
10/18/2017
/ Avoidable Transfer ,
Bankruptcy Code ,
Chapter 7 ,
Commercial Bankruptcy ,
Debt Restructuring ,
Extraterritoriality Rules ,
Foreign Bankruptcies ,
Insolvency ,
Israel ,
Legal Fees ,
Split of Authority