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How Bankruptcy Code Section 363 Benefits Debtors and Creditors

Collection Industry News

Baxter, October 15, 2022. Under section 363 of the Bankruptcy Code, a debtor-in-possession in a chapter 11 bankruptcy proceeding can seek court approval to sell some or all of the debtor’s assets, free and clear of all claims and encumbrances. Once approved, the debtor will market the assets to potential purchasers.

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SCOTUS Grants Certiorari, Remands U.S. Trustee Fee Dispute to Second Circuit

PBWT

The ramifications of uneven increases to fees in chapter 11 bankruptcies continue to ripple through federal courts. Trustee fees chapter 11 debtors had to pay in virtually every district in the U.S. The maximum amount for large debtors increased dramatically, from $30,000 to $250,000 quarterly. 1770 (2022).

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New SDNY Decision on Administrative Priority for Executory Contracts

PBWT

To encourage parties to transact with debtors in bankruptcy, the Bankruptcy Code in corporate bankruptcies provides highest priority to “administrative expenses,” which include “the actual, necessary costs and expenses of preserving the estate.” ” 11 U.S.C. § ” 11 U.S.C. §

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Bankruptcy Court Denies Chapter 15 Recognition to a Case in the Isle of Man

PBWT

Although the court found that the IOM proceeding was a “foreign proceeding,” it also held that the debtor’s center of main interests wasn’t in the IOM and the debtor didn't have an establishment there. 22-10039, 2022 LEXIS 2932 (Bankr. arising from the debtor’s sale of certain aircraft.

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Substantial Contribution: A New Decision from the Third Circuit

PBWT

22-1016, 2022 U.S. Years before the debtor (ACCJ) filed for bankruptcy, it had entered into a contract with another entity (RLT). In 2018, ACCJ filed for chapter 11. RLT later filed its own chapter 11 case. Substantial contribution claims are governed by section 503(b) of the Bankruptcy Code. 11 of this title.”

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Regulatory Exception to Automatic Stay Allows Court to Hear Antitrust Case

ABI

8] In 2022, while the appeal was pending, Endo and certain affiliates filed voluntary petitions for bankruptcy under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the Southern District of New York. [9] 10] 11 U.S.C. § 11] 11 U.S.C. §

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Not Your Keys, Not Your Coin: Bankruptcy Court Looks to Contract Law to Determine Consumer Interest-Bearing Crypto Deposits Belong to Celsius’ Bankruptcy Estate

Troutman Sanders

Throughout the latter half of 2022, filing for bankruptcy became a reality for many high-profile crypto firms. However, on June 12, 2022, Celsius issued a memo informing its customers of its decision to pause withdrawals from the platform due to “extreme market conditions.” But on January 4, 2023, the U.S.