ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Title 11 of the United States Code (the “Bankruptcy Code”) provides under section 365(a) that a debtor in possession may, “subject to the court’s approval… assume or reject any executory contract or unexpired lease of the debtor.” [1]

Bankruptcy 40

Bankruptcy Acquisition Debtor Collections 40

PBWT

JANUARY 30, 2023

The concept of “property of the estate” is important in bankruptcy because it determines what property can be used or distributed for the benefit of the debtor’s creditors. See 11 U.S.C. § See 11 U.S.C. § 22-10964 (MG), 2023 Bankr. § 541. § 541. LEXIS 2 (Bankr.

Bankruptcy 65

Bankruptcy Debtor Unsecured Creditor Creditors 65

ABI

JANUARY 22, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 1112 of title 11 of the United States Code (the "Bankruptcy Code") provides that upon request from a party in interest, a bankruptcy court may dismiss a chapter 11 case for "cause." [1] 20] [1] 11 U.S.C. LLC, 652 B.R.

Bankruptcy 40

Bankruptcy Debtor 40

Troutman Sanders

JANUARY 18, 2023

Throughout the latter half of 2022, filing for bankruptcy became a reality for many high-profile crypto firms. Then, on July 13, 2022, Celsius filed voluntary petitions for relief under Chapter 11 of the bankruptcy code. But on January 4, 2023, the U.S.

Bankruptcy 98

Bankruptcy Debtor Government Collections 98

ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff One of the requirements a debtor must meet in order to be eligible for Subchapter V of Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) is that it must be "engaged in commercial or business activities." [1]

Debtor 40

Debtor Bankruptcy Unsecured Debt Creditors 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. the “Debtor”) $1.5 2] In 2022, the Debtor commenced a chapter 11 bankruptcy case. [3]

Secured Creditor 40

Secured Creditor Bankruptcy Debtor Collateral 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Endo Pharmaceuticals (“Endo”) develops, manufactures, markets, and distributes prescription pharmaceutical products. 11] If the automatic stay applied, it would prevent the D.C. 11] If the automatic stay applied, it would prevent the D.C.

Bankruptcy 40

Bankruptcy Manufacturing Debtor Government 40

ABI

JANUARY 22, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Under chapter 12 of title 11 of the United States Code (the “Bankruptcy Code”), a family farmer or fisherman can restructure its debts. In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1]

Secured Creditor 40

Secured Creditor Creditors Bankruptcy Unsecured Creditor 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Under section 503(b) of Title 11 of the United States Code (“Bankruptcy Code”), allowed administrative expenses have priority status in receiving distributions from the bankruptcy estate. [1] Zhiqian Ke St. 2] In PacifiCorp v.

Bankruptcy 40

Bankruptcy Debtor Manufacturing 40

ABI

JANUARY 24, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Maxus Energy Corporation , the United States Bankruptcy Court for the District of Delaware held that PSE&G could not file an amended proof of claim years after the bar date had passed on its timely-filed proof of claim. [1]

Bankruptcy 40

Bankruptcy Debtor Creditors Government 40

ABI

JANUARY 19, 2024

The United States Court of Appeals for the Second Circuit held that only a party to an assumed contract can assert a cure claim against the debtor in In re George Wash. 4] Under the Ground Lease, Debtor was responsible for hiring and paying contractors for developing the retail portion of the George Washington Bridge Bus Station. [5]

Debtor 40

Debtor Bankruptcy Unsecured Creditor Retail 40

ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff A motion for a preliminary injunction in a bankruptcy is governed by Federal Rule of Bankruptcy Procedure 7065, which incorporates Federal Rule of Civil Procedure 65. [1] Garrity Kuester St. 2] In Vital Pharmaceuticals, Inc.

Bankruptcy 40

Bankruptcy Debtor Creditors Government 40

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 365(a) of title 11 of the United States Code (the "Bankruptcy Code") allows a bankruptcy trustee to assume and assign an executory contract of the debtor. [1] EC-23-1001-GLB, 2023 Bankr. 29, 2023). [2]

Unsecured Creditor 40

Unsecured Creditor Bankruptcy Debtor Creditors 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In cross-border insolvency proceedings, the power to obtain information through discovery is essential for recovering assets for creditors. Historic & Trophy Buildings Fund FCP-SIF (the “Debtor”) entered into a liquidation proceeding in Luxembourg. [1]

Bankruptcy 40

Bankruptcy Debtor Creditors 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In the U.S. Bankruptcy Code, there are various provisions that allow debtors and trustees to avoid certain types of prepetition transfers. [1] 11] In 2021, Petr sued BMO and Sun Capital seeking to avoid the $24.8

Bankruptcy 40

Bankruptcy Financial Institution Loans Banks 40

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff The Bankruptcy Court for the Southern District of New York was presented with two issues related to a subpoena target’s refusal to comply in In re Three Arrows Capital, Ltd. Tayler Eynon St. 2] Three Arrows Capital, Ltd. 2] Three Arrows Capital, Ltd. (“the

Bankruptcy 40

Bankruptcy Debtor Trade Judgment 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that bankruptcy courts may authorize the trustee of a debtor to sell or lease property of the bankruptcy estate. [1] 1] 11 U.S.C. §

Bankruptcy 40

Bankruptcy Debtor Government 40

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Kramer , the U.S. 5] Kramer and his business filed separate petitions under chapter 11 of the Bankruptcy Code, but ultimately both were converted to cases under chapter 7 of the Bankruptcy Code. [6] Jenna Marshiano St.

Bankruptcy 40

Bankruptcy Law Firms Judgment Creditors 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Law Review Staff Under section 548 of title 11 of the United States Code (the “Bankruptcy Code”), a trustee may avoid any transfer or obligation incurred if the debtor had actual intent to hinder, delay, or defraud creditors. [1] 30] [1] 11 U.S.C. §

Bankruptcy 40

Bankruptcy Creditors Foreclosure Banks 40

Troutman Sanders

FEBRUARY 13, 2024

On February 8, a New York bankruptcy judge ruled against cryptocurrency exchange Gemini’s claim that it has a secured claim on more than $800 million in Genesis Global Capital assets. The judge stated that since Genesis never transferred the assets, they cannot be considered as collateral pledged by the debtor. billion in debt.

Financial services 52

Financial services Student loans Student Loans Collection Agencies 52

ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 6015(f) of the Internal Revenue Code allows the Secretary of the Treasury to relieve an “innocent spouse” of liability for any unpaid tax or deficiency if it is inequitable to hold him or her liable for the malfeasance of his or her significant other. [1]

Debtor 40

Debtor Bankruptcy 40

ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 524(a) of Title 11 of the United States Code (the “Bankruptcy Code”) provides that a debtor may be discharged (i.e., 1] Section 524(e) provides that a discharge of a debtor’s debt does not affect the liability of a non-debtor. [2]

Creditors 40

Creditors Bankruptcy Debtor Collections 40