News & Analysis as of

Commercial Bankruptcy Fraudulent Transfers

Stikeman Elliott LLP

Beyond Elizabeth: The Current State of Fraudulent Conveyance and Fraudulent Preference Law in Canada

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I. INTRODUCTION: For decades, experts have recognized the need to reform Canada’s fraudulent conveyance and fraudulent preference laws (collectively, “reviewable transactions”), which have been described as “complex,...more

A&O Shearman

New law on rehabilitation and bankruptcy: bringing Vietnam’s bankruptcy regime closer to international practice

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Vietnam has overhauled its decade-old bankruptcy legislation and enacted Law on Rehabilitation and Bankruptcy No. 142/2025/QH15 (RBL 2025), which will take effect on March 1, 2026 and replace the existing Law on Bankruptcy...more

Blank Rome LLP

Practical Guidance for Luxury Brands Navigating Retailer Insolvency

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The ongoing financial distress of luxury brand retailers has raised urgent questions for sellers of luxury brands. For independent brands and institutional luxury houses alike, each distressed situation creates unique...more

Haynes Boone

Even ‘Void’ Transfers May Sail into the Bankruptcy Code Safe Harbors

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On the heels of our last client alert on bankruptcy safe-harbor case law developments, yet another court has reemphasized the breadth of the Bankruptcy Code’s safe harbors for transactions conducted under qualified financial...more

Patterson Belknap Webb & Tyler LLP

Judge Blasts Defendant For Ignoring Discovery Obligations and More (UPDATED)

A recent decision by Bankruptcy Judge Brendan Shannon was peppered with some harsh words for a defendant in an adversary proceeding. Judge Shannon said the party’s “failure to perform basic discovery responses and...more

Smith Debnam Narron Drake Saintsing & Myers,...

Navigating the High-Stakes Terrain of Commercial Bankruptcy Litigation: Common Pitfalls and How to Avoid Them

There are two (2) main procedural avenues for the resolution of disputes in a bankruptcy case: contested matters and adversary proceedings. Contested matters are typically resolved through motions practice in the main...more

Ropes & Gray LLP

Distressed Debt Legal Insights - TPI Composites’ Uptier Litigation

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Welcome back to Distressed Debt Legal Insights, Ropes & Gray’s new source of timely insights for professionals navigating the complex world of liability management. In this issue, we spotlight the unfolding litigation between...more

Jones Day

Business Restructuring Review Vol. 24 No. 6 | November–December 2025

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New York Bankruptcy Court Rejects Challenge to Barnet Rule Permitting Foreign Debtors to Obtain Chapter 15 Recognition With Only Minimal U.S. Assets - Court disagree over whether, to be eligible for relief under chapter 15...more

Jones Day

Iowa District Court: Avoidance Claims Cannot Be Encumbered by Pre-Bankruptcy Liens

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Causes of action for avoidance and recovery of preferential, fraudulent, or unauthorized transfers often are a means of generating value for the benefit of the estate and creditors in a bankruptcy case. For this reason, many...more

Patterson Belknap Webb & Tyler LLP

Judge Blasts Defendant For Ignoring Discovery Obligations and More

You take note when an opinion by an experienced bankruptcy judge says a party’s “failure to perform basic discovery responses and participation in litigation . . . has been breathtaking. I have seen a lot, but I have not seen...more

Davidoff Hutcher & Citron LLP

90 Days Before Filing: A Pre-Bankruptcy Planning Checklist for New York Restaurant Owners

Most restaurant bankruptcies are won or lost before the case is ever filed. The 90 days leading up to a filing are critical for New York restaurant owners: the moves you make (or don’t make) can affect everything from your...more

Offit Kurman

From the Bench: A Roadmap for Navigating Preference Defenses

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Port Elizabeth Terminal & Warehouse Corp., a major marine terminal and warehousing operator serving the Port of New York and New Jersey, filed for Chapter 11 on November 14, 2025, in the Bankruptcy Court for the District of...more

Haynes Boone

Two Recent Decisions Reinforce – and Refine – the Protective Scope of the Bankruptcy Code’s Safe Harbors

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Two courts – the U.S. Court of Appeals for the Second Circuit in In re Fairfield Sentry Ltd. (Aug. 5, 2025)1 and the U.S. Bankruptcy Court for the District of Delaware in Opioid Master Disbursement Trust II v. Covidien...more

Stark & Stark

Defending Rite-Aid’s Preference Claims - Know Your Rights

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​​​​​​​Over one thousand creditors were “preferred” as Rite Aid ran up to its first bankruptcy filing in 2023. That is what the trustee appointed to liquidate Rite Aid’s assets is alleging in a tidal wave of lawsuits recently...more

Seward & Kissel LLP

Sub-Prima Lender, The Heritage Club, and Big Headache

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Subprime lender PrimaLend Capital Partners files for bankruptcy protection | Reuters - Reports from Bloomberg News had revealed that the company’s creditors were going unpaid for months....more

Blake, Cassels & Graydon LLP

When the Ponzi Music Stops: The Recovery of Funds

When a Ponzi scheme collapses, how does a bankruptcy trustee with limited resources and hundreds of innocent investors — some winners, some losers — address all the competing issues in an equitable and cost-effective way? The...more

The Rodman Law Group, LLC

Southern District of New York Finds Merchant Cash Advance Financier (“MCA”) Really Operated as Disguised Lender

For those operating in the MCA space, New York federal and state courts hold a preeminent role in guiding FinTech companies to structure non-loan products in ways that are alternative, at times clever, yet legally compliant....more

Jones Day

Delaware Bankruptcy Court Allows Trustee to Pursue Recovery of Fraudulent Transfers for the Sole Benefit of Subordinated...

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The Bankruptcy Code provides a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") with the power to avoid and recover certain fraudulent transfers that a creditor could have avoided outside of bankruptcy under...more

Jones Day

Breaking New Ground: Second Circuit Rules that Bankruptcy Code's Securities Transactions Safe Harbor Bars Foreign Common-Law...

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U.S. Bankruptcy and appellate courts have long wrangled over whether the provisions of the Bankruptcy Code apply extraterritorially to permit, for example, enforcement of the automatic stay to creditor collection efforts...more

Goodwin

Incentivizing Executives to Stay Through a Chapter 11 Asset Sale (Part I): Key Employee Retention Programs for Insiders

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The best — and sometimes only — option for a financially troubled company to avoid a piecemeal liquidation may be to seek an acquirer for itself or its assets. While a distressed company may prefer an out-of-court sale...more

Felicello Law PC

What Adversary Proceedings Mean for Global Stakeholders

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In United States corporate bankruptcies, much of the action happens outside the spotlight of the main reorganization plan in a parallel but crucial track: the adversary proceeding. These separate litigation proceedings can...more

Seward & Kissel LLP

Private Eyes, Keeping up with the Joneses, and Lone Wolf?

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Regeneron declines to make higher bid for 23andMe after Wojcicki's $305 million offer | Reuters - 23andMe founder Anne Wojcicki’s bid, submitted through a nonprofit she controls, remains unchallenged, setting her up to...more

Greenberg Glusker LLP

United States v. Miller: U.S. Supreme Court Narrows the Scope of Sovereign Immunity Abrogation Under Section 106(a)

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The United States Supreme Court has held that the sovereign immunity waiver in Section 106(a) of the Bankruptcy Code does not extend to state law claims “nested” within a Section 544(b) claim for relief, depriving bankruptcy...more

Jones Day

Business Restructuring Review Vol. 24, No. 3 | May–June 2025

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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

Jones Day

Delaware Bankruptcy Court: Applying Credit Pressure on Financially Distressed Debtor Scuttles Ordinary Course Payment Preference...

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The power of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to avoid pre-bankruptcy preferential transfers is an important tool designed to promote the bankruptcy policy of equality of distribution and to...more

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