Page 3 - Bankruptcy Code Section News Today

Reaching an outcome in line with two other circuit courts, on February 16, 2022 the Fifth Circuit Court of Appeals permitted a Chapter 11 trustee to sell a debtor’s real property free...

When the Bankruptcy Reform Act of 1978, the foundation on which the current Bankruptcy Code is constructed, was enacted, bankruptcy cases customarily involved a debtor addressing claims...

Attorneys say the court opinions inform planning decisions in the cases of divorce or job changes.

Court cases expanded on the rules regarding the protection of retirement plan assets.

Litigation finance provides a creative tool for companies to consider as they plan for what may be long-running and cost-intensive litigation.

The U.S. Court of Appeals for the Second Circuit has issued another decision in the Tribune Company Fraudulent Transfer Litigation,1 partially upholding the U.S. District Court...

Debtors and trustees are faced with the task of maximizing the value of bankruptcy estate assets in the face of many obstacles, such as limited liquidity runway and the competing...

Jody Bedenbaugh, attorney, focuses his practice in the areas of banking, creditors' rights, and bankruptcy. Jody represents banks in connection with regulatory and compliance issues, vendor relationships and outsourcing, and transactional matters.

Debtors and trustees are faced with the task of maximizing the value of bankruptcy estate assets in the face of many obstacles, such as limited liquidity runway and the competing interests of various creditor and equity constituencies.

To embed, copy and paste the code into your website or blog: On March 19, in a matter of first impression, the Third Circuit Court of Appeals (Court) held that triangular setoff is not permissible in bankruptcy due to Bankruptcy Code Section 553(a)s mutuality requirement, and that parties cannot evade that requirement by contracting around it. See In re Orexigen Therapeutics, Inc., 990 F.3d 748 (3d Cir. 2021). McKesson Corporation, Inc. (McKesson) and Orexigen Therapeutics, Inc. (Orexigen) wer...