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Distribution Rules Commercial Bankruptcy

Nelson Mullins Riley & Scarborough LLP

Recovery from a Member’s Interest in an LLC

In my last post on this Blog, I explored a potential avenue for a debtor to maximize value from the sale of its membership interest in a limited liability company (“LLC”) in bankruptcy, notwithstanding restrictions on sale in...more

Hogan Lovells

“Disguised Distributions” – lawful or unlawful, that is the question

Hogan Lovells on

Intra-group transactions are the subject of close scrutiny, particularly where the financial condition of the group is in question. Directors must carefully consider whether each proposed transaction would amount to a...more

Cadwalader, Wickersham & Taft LLP

Third Circuit Affirms Rulings That Distributions to TCEH First Lien Creditors Are Governed by the Bankruptcy Code Rather Than...

On June 19, 2019, the United States Court of Appeals for the Third Circuit (the “Third Circuit”) affirmed a ruling of the United States District Court for the District of Delaware (the “District Court”) dismissing challenges...more

Verrill

Disgorgement Upon Insolvency: Continuing Uncertainty

Verrill on

Litigation and Trial attorneys Nate Hull and Stephen Segal authored an article entitled "Disgorgement Upon Insolvency: Continuing Uncertainty." Nate and Stephen discuss the various approaches taken by bankruptcy courts when...more

Jones Day

Ninth Circuit Rules That Hypothetical Preference Actions May Be Considered in Applying the Greater Amount Test

Jones Day on

In Schoenmann v. Bank of the West (In re Tenderloin Health), 849 F.3d 1231 (9th Cir. 2017), a divided panel of the U.S. Court of Appeals for the Ninth Circuit recently addressed as a matter of apparent first impression...more

Snell & Wilmer

Legal Alert - U.S. Supreme Court - Bankruptcy Court Not Authorized to Approve Structured Dismissal of Chapter 11 Case Violating...

Snell & Wilmer on

On March 22, 2017 in Czyzewski v. Jevic Holding Corp. (SCOTUS Case no. 15-649), the Supreme Court of the United States held that a bankruptcy court was not authorized to approve a structured dismissal of a Chapter 11 case...more

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