Weil

Restructuring

Claims

Claims, Employment, Fees, Professionals, Rules & Procedures

How Many Connections are Too Many? Bankruptcy Court Finds Multiple Attenuated Connections Not Enough to Warrant Disqualification of Debtors’ Professional

Contributor(s)

Jared
Mezzatesta

What We’re Watching, Chapter 11 Plans, Claims

Ultra IV: Make-Wholes, Never Say Never Again

Contributor(s)

Gabriel A.
Morgan

Tristan M.
Sierra

Destiney
Parker-Thompson

Case Overviews, Claims, Distressed Debt Funds, Financing, Litigation Issues, Post-Confirmation Issues, Sponsor/Owner Series, Third Party Claims

ASHINC or Swim Case Study: Lessons for Private Equity Sponsors on Distressed Portfolio Company Risks (Part I: Sponsor Breach of Company Loan Agreement)

Contributor(s)

Ronit J.
Berkovich

Bar Dates, Claims, Due Process Concerns, Proofs of Claim

The Bar Date Notice: Two Recent Cases Show Us There May Be More (Yes, More!) To Learn When It Comes to Providing Notice of a Debtor’s Bar Date

Contributor(s)

Chapter 15, Claims, International, Litigation Issues, Pre-Filing Considerations

Clearing a Runway to Litigating Claims: The Principle of Comity and Pre-Litigation Discovery in Chapter 15 Cases

Contributor(s)

Ronit J.
Berkovich

Administrative Expenses, Claims, Mass Torts

Prepetition Claim or Postpetition Claim? The Timing of a Claim When A Debtor’s Prepetition Wrongful Actions Continue Postpetition

Contributor(s)

Ronit J.
Berkovich

Claims, Proofs of Claim, Subordination & Recharacterization

Debt or Equity? SDNY Bankruptcy Court Says “Equity” in a Recent Case Involving Recharacterization of a Party’s Debt Claim as Equity

Contributor(s)

Due Process, Bar Dates, Breaking the Code, Case Overviews, Claims, Constitutional Law, Mass Torts, Post-Confirmation Issues

Adjust Your Focus When Due Process Requirements Are Blurry: Third Circuit Finds Kodak’s Notice of Publication Sufficient for Unknown Tort Claimant

Contributor(s)

Administrative Expenses, Case Overviews, Claims, Energy Sector, Litigation Issues, News, Post-Confirmation Issues, What We're Watching

The Aftermath of a Complicated Breakup: Third Circuit Holds Stalking Horse Bidder in Terminated Transaction May Assert Potential Administrative Expense Claim Notwithstanding Disallowance of Its Termination Fee

Contributor(s)

Ronit J.
Berkovich

Claims, Due Process Concerns, Mass Torts, Proofs of Claim

Manville Channeling Order Still Effective After More Than 30 Years

Contributor(s)

Jacqueline
Marcus

Claims, Letters of Credit

Tenth Circuit BAP Decision Authorizes Claim for Postpetition Interest
Under 506(b): Read the Fine Print!

Contributor(s)

Jacqueline
Marcus

Ryan C.
Rolston

Breaking the Code, Case Overviews, Chapter 11 Plans, Claims, Jurisdiction & Appeals, Post-Confirmation Issues, Rules & Procedures

Yeah, We Can Take It – Texas Bankruptcy Court Defines the Scope of Its Post-Confirmation Jurisdiction

Contributor(s)

Chapter 11 Plans, Claims, What We're Watching

Ultra III: Make-Whole Never Dies

Contributor(s)

David
Griffiths

Chapter 11 Plans, Claims, What We're Watching

Ultra Petroleum Corp. Make-Whole Saga Continues

Contributor(s)

Alfredo R.
Perez

Chapter 11 Plans, Claims, What We're Watching

To Make-Whole … or Not

Contributor(s)

Alfredo R.
Perez

Claims, Insurance, Tax Issues

In Case of Fire, File a Claim

Contributor(s)

Claims, Distressed Debt Funds

A Cautionary Tale for Claims Traders and Other Contract Counterparties

Contributor(s)

David
Griffiths

Claims, Real Estate

To Cap or Not to Cap: Ninth Circuit Vacates Order of District Court and Revisits Section 502(b)(6)

Contributor(s)

Chapter 7 Trustees, Claims

Same As It Ever Was: Seventh Circuit Reaffirms Narrow Construction of Informal Proof of Claim Doctrine

Contributor(s)

Claims

Get to the Back of the Line! Delaware Bankruptcy Court Holds C-Suite Stock Compensation was Equity Security Not General Unsecured Claim

Contributor(s)

Andriana
Georgallas

Claims

Wholesale Assignment of Causes of Action Does Not Establish “Related To” Jurisdiction in Delaware Bankruptcy Court

Claims

Do Bankruptcy Courts Have Jurisdiction Over Out-of-the-Money Claims Disputes?

Claims

Not All “Claims” Were Created Equal

Contributor(s)

Claims

Proceed with Caution: 11th Circuit Holds Debt Collectors May Face Penalties under FDCPA for Filing Proofs of Claims in Bankruptcy for Time-Barred Claims

Contributor(s)

Administrative Expenses, Automatic Stay, Claims, Property of the Estate

BREAKING: Automatic Stay Releases Airplane Hostage and Shoots Down Landlord’s Administrative Expense

Claims, Rules & Procedures

Too Little, Too Late: Ninth Circuit Holds Confirmation Objection Insufficient to Revive Untimely Complaint Objecting to Dischargeability of Debt

Contributor(s)

Chapter 11 Plans, Claims, Cramdown, Secured Claims

Improper Calculation of Postpetition Interest Leads to Reversal of a Confirmation Order

Claims, Rules & Procedures

A Twist on Excusable Neglect

Contributor(s)

Claims, Subordination & Recharacterization

Bad Children: How One Court Used Alter Ego Doctrine to Uphold Reverse Veil Piercing

Claims

Section 105(a): No Roving Writ, Much Less a Free Hand

Claims, Substantial Contribution

Bar Remains High for Substantial Contribution: Delaware Bankruptcy Court Denies § 503(b)(3) Claim

Claims

How Are Informal Proofs of Claim Like Informal Dress Codes? What You Can Get Away With May Depend on Whom You Ask

Claims

The Saga Continues: A brief update on the EFIH First Lien Make Whole Litigation

Contributor(s)

Claims

Bringing Certainty to Uncertainty: Estimation of Tort Claims

Contributor(s)

Claims

Timing Is Everything – Frenville Continues to Surface in Pre-2011 Cases

Contributor(s)

Chapter 11 Plans, Claims, Cramdown

Delaware Bankruptcy Court Addresses When and Whether Creditors are Entitled to Postpetition Interest in Chapter 11 (Part 4)

Claims, Financing

No Authorization? No Problem. Court Finds that Unauthorized Loan Is Entitled to Priority Status

Claims

Claim for Amount Owed in Bid Rigging Scheme Disallowed by Connecticut Bankruptcy Court

Automatic Stay, Claims

What the Future Holds for Make-Whole Claims in Bankruptcy (Redux): Examining the Energy Future Holdings EFIH Second Lien Make-Whole Decision

Contributor(s)

Chapter 11 Plans, Claims, Cramdown

Delaware Bankruptcy Court Addresses When and Whether Creditors are Entitled to Postpetition Interest in Chapter 11 (Part 3)

Chapter 11 Plans, Claims

Delaware Bankruptcy Court Addresses When, if Ever, Unsecured Creditors are Entitled to Postpetition Interest in Chapter 11 (Part 2)

Chapter 11 Plans, Claims

Delaware Bankruptcy Court Addresses When, if Ever, Unsecured Creditors are Entitled to Postpetition Interest in Chapter 11 (Part 1)

Claims, Litigation Issues

Can’t Control Your Emotions? Well, Maybe the Bankruptcy Court Can

Avoidance Actions, Chapter 15, Chapter 7 Trustees, Claims, Due Process Concerns, Financing, International, Litigation Issues, Lookback Period, Mass Torts

Lookback Period: Two Weeks

Claims, Secured Claims

Think You Got A Blank Check? Think Again

Claims

“Conduct” Test Now the Rule in the Seventh Circuit – But We Still Don’t Know How the Seventh Circuit Will Deal With Due Process Concerns

Chapter 7 Trustees, Claims

Our Bad: Bankruptcy Court Denies Creditors’ Motion to Reopen Chapter 7 Case and Vacate Discharge Order Based on Parties’ Mutual Mistake

Contributor(s)

Avoidance Actions, Chapter 15, Claims, International

Bankruptcy Court Analyzes English and Luxembourgish Insolvency Law – Opts to Take a Cup of Tea With its Decision and Decline Luxembourg’s eau de vie1

Avoidance Actions, Case Overviews, Claims, Distressed Debt Funds, Due Process Concerns, Litigation Issues, Lookback Period, Rules & Procedures

Lookback Period: Eight Weeks (Part 4)

Claims, Due Process Concerns

Known or Unknown? Third Circuit Questions Standing in New Century Appeal

Contributor(s)

Avoidance Actions, Chapter 11 Plans, Claims, Executory Contracts & Unexpired Leases, Financing, Jurisdiction & Appeals, Litigation Issues, Lookback Period, News, Professionals, Real Estate, Rules & Procedures, Subordination & Recharacterization

Lookback Period: Two Weeks

Claims, Rules & Procedures

Can You Object to a Claim Just Because It Doesn't Include Supporting Documentation? The Answer May Not Be as Simple as You Think

Claims, Subordination & Recharacterization

Guaranteed Subordination: Fifth Circuit Subordinates Claims Arising Under Guarantees of Securities Issued by an Affiliate

Chapter 11 Plans, Claims, Litigation Issues

Speak Before Confirmation or Forever Hold Your Peace: Tenth Circuit Upholds Dismissal of Nondischargeability Suit After Confirmed Plan Treats Claim as “Satisfied in Full”

Claims, Jurisdiction & Appeals, Secured Claims

SCOTUS Rules that Completely Underwater Liens Ride Through, At Least in a Chapter 7 Case

Chapter 9, Claims, Rules & Procedures, Secured Claims

You’re Late! You’re Late! For a Very Important Date! Seventh Circuit Holds Bankruptcy Rule 3002(c) Deadline to File Proofs of Claim Applies to Secured Claims

Contributor(s)

Claims, Jurisdiction & Appeals, Secured Claims

Breaking News: SCOTUS Rules That Liens Ride Through, At Least in a Chapter 7 Case.

Automatic Stay, Claims

What the Future Holds for Make-Whole Claims in Bankruptcy: Examining the Energy Future Holdings EFIH First Lien Make-Whole Decision – Part 2

Contributor(s)

Claims

What the Future Holds for Make-Whole Claims in Bankruptcy: Examining the Energy Future Holdings EFIH First Lien Make-Whole Decision – Part 1

Contributor(s)

Claims, Real Estate

To Cap or Not to Cap, That is the Question: Bankruptcy Court Examines 502(b)(6)

Claims, Jurisdiction & Appeals, Rules & Procedures

Can a Bankruptcy Court Order a Non-Debtor to Dismiss a State Court Lawsuit Against a Third Party? It Depends on the Nature of the Claim—and How Long the Non-Debtor Waits to Object

Claims

Death: The Ultimate Hardship Discharge?

Automatic Stay, Claims

Litigation or Estimation? When Should Nonbankruptcy Actions Continue in Their Original Forums, and When Should They Be Resolved Through Estimation in Bankruptcy Court?

Claims, Secured Claims, What We're Watching

Supreme Court to Consider Eleventh Circuit Decisions Upholding “Strip Off” of Junior Mortgage Liens

Automatic Stay, Claims

Computers Are People Too: “The Computer Did It” Is No Defense to Violations of the Automatic Stay

Claims

Bankruptcy Court Bars Future Claimant from Seeking to Avoid Effect of Discharge

Claims, Tax Issues

Give and Take: Delaware Bankruptcy Court Dismisses Trustee’s Turnover and Avoidance Claims Relating to Debtor’s Net Operating Losses

Claims

Almost Favored – Court Denies Settling Defendants’ Attempt to Recover Under Most Favored Nations Clause

Claims

No Proof of Claim, No Problem: Bankruptcy Court Finds Declaration to Be Effective as Informal Proof of Claim

Contributor(s)

Administrative Expenses, Claims, Utilities

Appellate Panel Teaches the Electric Slide, Sets Forth a Standard for Determining Whether Electricity Is a “Good” for Purposes of Section 503(b)(9)

Claims

Court Denies Administrative Priority Status to Seller Whose Goods Were Not Received by the Debtor

Claims, Due Process Concerns

Publish or Perish: How Much Publication Notice Is Enough to Provide Notice to Unknown Creditors?

Claims

Failure to Provide a Translation Does not Translate to Victory

Claims, SIPA Proceedings

The Interplay between Section 502(d) of the Bankruptcy Code and SIPA’s Requirement of “Prompt” Return of Customer Funds

Claims, Involuntary Petitions, Jurisdiction & Appeals

A Dispute Over a Dispute: Recent Bankruptcy Court Decision Dismisses Involuntary Chapter 7 Petition Due to Bona Fide Disputes

Contributor(s)

Claims, Tax Issues

Following the Eleventh Circuit, Sixth Circuit Sides with FDIC in Latest Tax Refund Dispute

Bitcoin Bankruptcy, Claims, Pre-Filing Considerations

Could a Bitcoin Exchange Constitute a “Stockbroker”?

Claims

How to Overcome Your Fear of “Commitment” If You Are a Bank Holding Company

Claims, Environmental, Post-Confirmation Issues, Third Party Claims

Clean Up for What?! After Enough Time, You Can Leave Your Mess Behind.

Assumption & Rejection, Claims, Executory Contracts & Unexpired Leases

To Assume or Not to Assume, that Is the Question: What Act Constitutes “Assumption” Under Section 365(d)(4) of the Bankruptcy Code?

Claims, Jurisdiction & Appeals

On Having Standing to Object to a Bankruptcy Settlement, the Seventh Circuit Holds that Money Isn’t Everything

Bitcoin Bankruptcy, Claims, Pre-Filing Considerations

Would a U.S.-Based Bitcoin Exchange Be Eligible for Bankruptcy?

Claims, Financing, Professionals, Secured Claims

You Can’t Always Get What You Want, But If You’re an Oversecured Creditor, You Might Get What You Need

Claims

Rejecting Frenville (again), Third Circuit Extends Grossman’s and Broadens Scope of Prepetition Claims

Administrative Expenses, Claims, Real Estate

Stub Rent Debate Continues: Another Jurisdiction Adopts the Billing Date Approach

Claims, Secured Claims

Liens Will Survive — All Goes Well for Secured Creditor When Ninth Circuit Extends Dewsnup Principles to Chapter 12

Avoidance Actions, Claims, Jurisdiction & Appeals

Distributions to Cash Out Shareholders of Target Company in an LBO are Subject to Fraudulent Transfer Lawsuits in State Court

Claims

Landlord Tries “To Be an Optimist About This” In Arguing Sections 365 and 503 Apply to Guarantor of Lease Obligations

Claims

Whose Claim Is It Anyway?

Assumption & Rejection, Claims, Executory Contracts & Unexpired Leases

What Rights Do You Have If Specific Performance Is Your Only Remedy Under a Rejected Contract? Possibly None.

Claims, Slice of the Pie

Mass Tort Bankruptcies and Valuation Considerations in the Claims Estimation Process

Claims, Secured Claims

Ignoring Its Own Precedent, Seventh Circuit Refuses to Allow Tax Lien to Ride Through Chapter 13 Case

Chapter 11 Plans, Claims, Substantial Contribution

When “Fashionably Late” Doesn’t Pay Off – How Section 1141(a) Closes the Door on Recovery Under the “Common Fund” Doctrine

363 Sales, Claims

Objecting to 363 Sale Orders Free and Clear of Interests: Speak Promptly or You'll Never Hold Your Piece

Holiday Posts, Claims, Humor

’Tis the Season to Find Your Favorite Bankruptcy Excerpts

Claims, Tax Issues

Original Issue Discount Claims Arising from Fair Market Value Debt Exchanges: No Longer Fair Game for Disallowance?

Contributor(s)

Avoidance Actions, Claims

Third Circuit Holds that Transferred Trade Claims Remain Subject to Disallowance under Section 502(d)

Claims, Rules & Procedures

Scheduled Creditors Beware! One Court Surprisingly Says You Are Ineligible to Vote on a Chapter 11 Plan If You Fail to File a Proof of Claim

Chapter 11 Plans, Claims

A Debtor’s Cries for Separate Classification of Garden Variety Unsecured Claim Fall on Deaf Ears

Contributor(s)

Andriana
Georgallas

Claims, Professionals

Unpredictable Preemption: New Jersey Bankruptcy Court Says Bankruptcy Code (Sometimes) Trumps State Rules on Collection of Prepetition Fees

Claims, Energy Sector, Utilities

It’s Electric! Boogie Woogie Woogie (But It’s Not a Good) – Delaware Bankruptcy Court S(l)ides With Courts Ruling That Electricity Not a “Good” for Purposes of Section 503(b)(9) of the Bankruptcy Code

Claims, Tax Issues

Lessons in Language: Delaware Bankruptcy Court Weighs In on the Treatment of Tax Refunds Under Tax Sharing Agreements

Claims, Labor & Employment

District Court Says Baker’s Union Can’t Have Its Cake and Eat it Too When it Comes to Pension Contributions

Contributor(s)

Claims, Utilities

“Call Me [a Good,] Maybe”

Contributor(s)

Claims, Financing

If It Walks Like Equity and Talks Like Equity, It … Might Actually Be a Loan?

Claims, Due Process Concerns, Rules & Procedures

A Tale of Two Rules: The Questionable Applicability of Rule 7004(b)(3) to Claim Objections

Claims, Tax Issues

Original Issue Discount Claims Arising From Fair Market Value Debt Exchanges: Fair Game for Disallowance?

Contributor(s)

Claims, Due Process Concerns

You’re on Notice: Publication Notice of the Claims Bar Date Satisfies Due Process Requirements

Claims, Tax Issues

Eleventh Circuit: Tax Refunds Due Pursuant to a Tax Sharing Agreement Are Not Property of the Filer’s Estate

Chapter 11 Plans, Claims

Is This What Passive-Aggressive Means? Fifth Circuit Allows Secured Creditor that Took No Action During Chapter 11 Case to Protect Its Lien to Exercise Rights Post-Emergence

Claims

Plan Committee Gambles on Postpetition Interest and Loses: Ninth Circuit Finds that Section 502(b)(2) Does Not Stop Accrual of Postpetition Interest for Non-Debtors

Arbitration, Claims

“Get It In Writing!” – Sixth Circuit Denies Claims Arising from Binding Mediation for Lack of a Written Record

Chapter 11 Plans, Claims, Cramdown

BAP Precedent Is Absolute: Bankruptcy Court Defers to BAP and Holds that the Absolute Priority Rule Does Not Apply to Individual Chapter 11 Debtors

Chapter 11 Plans, Claims, Cramdown, Jurisdiction & Appeals

Absolute Priority Absolutely Applies . . . In This Case

Claims

Small Sanctions May Be Big Answer to Deterring Repeated Frivolous Pleadings by Certain Creditors

Avoidance Actions, Claims, Financing

Score One for Federalism – State Law, Recharacterization, and Fraudulent Conveyances in the Ninth Circuit

Claims, Rules & Procedures

New Fee Alert: New Claims Transfer Fee Takes Effect Today

Claims, Involuntary Petitions

When is a Claim Subject to a Bona Fide Dispute? Bankruptcy Court Examines the Requirements For An Involuntary Petition

Claims

Too Big to Flail: Resolving Claims Efficiently in the GM Cases

Claims

Lenders Beware: You Might Not Be in the Clear When a Title Search Comes Up All Clear

Assumption & Rejection, Claims

Timing is Everything: Bankruptcy Court Determines that Post-Confirmation/Pre-Conversion Contract Not Entitled to Administrative Expense Priority

Assumption & Rejection, Claims, Executory Contracts & Unexpired Leases

Lording Over Unsecureds: A Commercial Landlord’s Claim for Indemnification

Chapter 11 Plans, Claims, Cramdown

Individual Debtors in the Tenth Circuit Can’t Escape the Absolute Priority Rule

Claims, Valuation

Bankruptcy Court Allows Full Damage Claim Without Reduction to Present Value

Chapter 11 Trustees & Examiners, Claims, Utilities

Is Electricity a “Good”? Montana Bankruptcy Court Says Yes!

Claims, Jurisdiction & Appeals

I’m Not a Creditor – Get Me Outta’ Here!! Reflections on Bankruptcy Rule 3006 and Claim Withdrawal in Bankruptcy Cases

Arbitration, Automatic Stay, Claims

A Compelling Arbitration Case: Court Grants Motion to Compel Arbitration for Both Bankruptcy and Non-Bankruptcy Issues

Claims, Post-Confirmation Issues

I’ll Make Your Airplane Parts, but I Won’t Indemnify You: Texas Court Says An Indemnity Obligation is a Claim

Avoidance Actions, Claims

Armor-Plated Agreements – Second Circuit Protects Risk Allocation in Bankruptcy Claim Trader’s Contract

Claims, Jurisdiction & Appeals, Post-Confirmation Issues

Exploring the Limits of a Chapter 11 Discharge: Can Pre-Bankruptcy Conduct Serve as the Basis for Calculating Damages on a Post-Bankruptcy Claim?

Chapter 11 Plans, Claims, Real Estate

Eastern District Holds Existence of Personal Guarantee Is Insufficient Basis to Separately Classify Deficiency Claim from General Unsecured Claims

Contributor(s)

Andriana
Georgallas

Claims, Secured Claims

Superpriority under Section 507(b): Powerful but Sometimes Elusive

Claims, Tax Issues

Second Circuit Issues Summary Order on Section 510(b) Subordination

Claims, Labor & Employment

Employees Only: Bankruptcy Court Rules that the Section 507(a)(5) Priority Only Covers Employee Benefit Plans Run by the Debtor

Claims, Tax Issues

Piqued Interest in Interest: Tax Court Rules on Postpetition and Postconfirmation Interest on Tax Claims (Part Two)

Claims, Financing, Secured Claims, Valuation

Who Captures the Upside? Third Circuit Considers Valuation of Collateral Expected to Generate Cashflow in Excess of Secured Claims

Claims

Whose Choice of Law Governs in Bankruptcy Cases?

Chapter 11 Plans, Claims, Secured Claims

Blocking the Blockers – Ninth Circuit Bankruptcy Appellate Panel Rules that Blocking Confirmation Is Not a Good Cause to Change a Vote … Or Perhaps It Is

Claims, Jurisdiction & Appeals

Creditor Who Waited to File Late Proof of Claim Learns It Can’t Rush Through the Appeals Process: Delaware District Court Denies Leave for an Interlocutory Appeal

Avoidance Actions, Claims

Buyers Beware in Delaware—Transferred Claims Remain Subject to Disallowance Under Section 502(d)

Avoidance Actions, Case Overviews, Claims, Energy Sector, Financing

Dynegy Global Settlement Approved

Claims, Mass Torts, Post-Confirmation Issues

Frenville Leaves Its Footprints Behind as Third Circuit Refuses to Discharge Latent Claims

Claims, Tax Issues

Bankruptcy Court Decision Lights Up the Priority Accorded to Excise Taxes

Claims

Did Your Notary Swear It to Be True? If Not, Your Affidavit May Be Invalid

Claims, Employment

Snipping the Cords on a Creative Golden Parachute—Section 502(b)(7) Limits Executives’ Protections when the Company Lands in Bankruptcy

Chapter 11 Plans, Claims, Cramdown

The Absolute Priority Rule is Not So Absolute for Individual Chapter 11 Debtors

Claims, Schedules & SOFAs, Secured Claims

On Tax Day, the Debtor-Taxpayer Wins (But Not Quite)

Claims, Jurisdiction & Appeals, Post-Confirmation Issues

Continuing Uncertainty About Continuing Claims

Claims, Real Estate

One of These Things is Not Like the Other: 9th Circuit B.A.P. Holds That Bankruptcy Court May Consider the Existence of a Third-Party Source of Recovery When Determining Whether Unsecured Claims Are “Substantially Similar”

Claims

Cold Comfort for Class Action Plaintiffs in the Fourth Circuit: Court of Appeals Permits Filing of Class Claims But Gives Bankruptcy Court Significant Discretion in Applying Bankruptcy Rule 7023

Claims, Environmental, Mass Torts, Post-Confirmation Issues

Redefining Unknown Claims in Bankruptcy – Are the Courts Shifting Back to a Test that Might Favor Reorganized Debtors?

Claims, Executory Contracts & Unexpired Leases

If It Had Only Called. . . Second Circuit Finds that Picking up the Phone May Have Allowed Payphone Company to Avoid Claim for Lost Profits

Avoidance Actions, Claims

Have Your Cake and Eat It Too: Defendants in Insider Preference Actions under State Law May Doubly Benefit from the New Value Defense

Chapter 7 Trustees, Claims

The Operation of the “Operations” Rule: The Seventh Circuit’s Primer On the Priority of Postpetition Tort Claims

Automatic Stay, Claims, Financing, Jurisdiction & Appeals, Pre-Filing Considerations, Secured Claims

Aggressive Creditors: Go Overboard, And You May Find Yourself Walking the Plank

Claims, Jurisdiction & Appeals

Don’t Take It Personally: Navigating Derivative Suits Granted to a Liquidating Trustee

Claims

Because of Its “Ordinary Course” Nature, Eighth Circuit Rules that Employee’s Administrative Expense Request For Employment Discrimination Is Not Subject to Discharge

Avoidance Actions, Claims

The Only Things Certain in Life: Death, Taxes, and…the Finality of Foreclosure Sales?

Claims, Jurisdiction & Appeals, Throwback Thursday

After 29 Years, Northern Pipeline Still Has Teeth

Chapter 11 Plans, Claims

Disclosure Statement Saves the Day! Fifth Circuit Provides Guidance on Preserving Claims In a Plan of Reorganization

Claims, Labor & Employment

In the Fourth Circuit, Terminated Employees Are Entitled to Priority Claim for Severance. Why? Because They Earned It (When They Were Fired)

Claims, Jurisdiction & Appeals, Stern Files

Stern Views on Bankruptcy Court Jurisdiction – United States Supreme Court Addresses Bankruptcy Court Jurisdiction in the Anna Nicole Smith Case

Claims

Eleventh Circuit Does Not Hesitate to Disallow Procrastination

Claims

Pennies from Heaven: A Proposal for Streamlining De Minimis Distributions in Bankruptcy Cases

Pro se Claimants Say the Darnedest Things

Claims

Third Circuit Court of Appeals Provides Guidance on Relationships (of the Substantive Legal Variety)

Claims, Due Process Concerns

Unknown Creditors (Whoever You Are), Read Your Newspaper!

Automatic Stay, Claims, Employment, Jurisdiction & Appeals, Labor & Employment

WARNing: Bankruptcy Courts Take Their First Crack at The NY WARN Act

Claims

Good Samaritan: Beware! Your Claim May Not Be Entitled to Administrative Expense Status

363 Sales, Claims

Sale Free and Clear of Any Interest in Property… Until a Bridge Collapses

Claims

Claims Purchasers: Think a Trading Order Doesn’t Apply to You? Think Again…

Claims, Environmental

To Pay or Not to Pay: Bankruptcy Court Twice Holds that a Claim Remains Contingent for Purposes of Section 502(e)(1)(B) Until a Creditor Makes an Actual Payment

Chapter 11 Plans, Claims, Releases & Exculpations

Enjoining the Bank: Arizona Bankruptcy Court Considers Post-Confirmation Injunction Against Enforcing Guarantee

Claims, Environmental

Mark IV Industries, Inc. – Cleaning Up Confusion Regarding Dischargeability of Environmental Liabilities

Chapter 11 Plans, Claims, Jurisdiction & Appeals

Administrative Claims Catch: After Consummation of the Plan, Fifth Circuit Allows $29.7 Million Administrative Expense

Claims

A Timely Filed Proof of Claim Is Not a Requirement to Establish Co-Liability under Section 502(e)(1)(B)