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Liquidation Bankruptcy Preferences

Jones Day

Fifth Circuit: Preference Claims Are Property of the Bankruptcy Estate that Can Be Sold

Jones Day on

A debtor's non-exempt assets (and even the debtor's entire business) are commonly sold during the course of a bankruptcy case by the trustee or a chapter 11 debtor-in-possession ("DIP") as a means of augmenting the bankruptcy...more

Tucker Arensberg, P.C.

Sears Holdings Corp. Expected to Pursue 1000s of Preference Actions after Court’s Approval of Chapter 11 Plan of Liquidation

Tucker Arensberg, P.C. on

On October 7, 2019, the United States Bankruptcy Court for the Southern District of New York confirmed Sears Holdings Corp.’s chapter 11 plan of liquidation.  Sears currently owes tens of millions of dollars to its...more

Foley & Lardner LLP

Storm Preparation: Dealing With Financially Troubled Companies and Avoiding Clawbacks

Foley & Lardner LLP on

The current state of the U.S. economy is relatively strong. That said, every economy remains subject to the normal ups and downs of the business cycle. Eventually, dark clouds will gather and businesses will be required to...more

Kramer Levin Naftalis & Frankel LLP

Eleventh Circuit Narrows Circuit Split Holding New Value Not Required to Remain Unpaid

The Eleventh Circuit, in In re BFW Liquidation, LLC., Case No. 17-13588, 2018 WL 3850101 (11th Cir. Aug. 14, 2018), reversed the Bankruptcy Court’s decision on direct appeal, holding that the new value defense to preferences...more

WilmerHale

In Case You Missed It: Launch Links - December, 2016 #4

WilmerHale on

Some interesting links we found across the web this week: WTF is a Liquidation Preference? Hint: It’s not something you forgot from 10th grade chemistry or that you’re asked about by a mixologist at a fancy cocktail...more

Troutman Pepper

UCC Collateral Description: More May Not Be Better

Troutman Pepper on

Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.), 519 B.R. 586 (Bankr. W.D.N.Y. 2014) – A chapter 7 trustee sought to recover as preferences payments made by the debtor to a lender and proceeds of...more

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