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Delaware Bankruptcy Court Grants Derivative Standing to Creditors' Committee to Sue Members and Officers of Delaware LLC | Mintz - Bankruptcy & Restructuring Viewpoints

In early February, a Delaware bankruptcy judge set new precedent by granting a creditorsโ€™ committee derivative standing to pursue breach of fiduciary duty claims against a Delaware...
United States Craigt Goldblatt Delaware Limited Liability Company Cybergenics Corp Cybergenics Court Pennysaver United States Publishing

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Getting over the starting line: How multi-entity organizational structures can become a barrier to Chapter 15 relief | Eversheds Sutherland (US) LLP

Chapter 15 of the Bankruptcy Code provides a valuable tool for non-US entities going through foreign insolvency proceedings when they have assets located in the United States. Chapter...
United States Black Press Pension Benefit Guaranty Corp Eversheds Sutherland Delaware Bankruptcy Court Ascot Fund Ltd

The Fifth Circuit Joins the Eighth and Ninth Circuits in Holding that Avoidance Actions are Estate Property that may be Sold Pursuant to Section 363 of the Bankruptcy Code | Nelson Mullins Riley & Scarborough LLP

In an opinion on January 22nd, the Fifth Circuit Court of Appeals, in Matter of S. Coast Supply Co., 91 F.4th 376 (5th Cir. 2024), held that preference claims arising under 11 U.S.C. §...
United States Circuit Court Whiting Pools Inc A Bankruptcy Appeals Panel S Coast Supply Co Procurement Corp

Changes to Confirmed "Toggle" Chapter 11 Plan Required No Additional Disclosure and Voting Where Creditors' Rights Not Materially and Adversely Affected | Jones Day

Even after a bankruptcy court has confirmed a chapter 11 plan, changed circumstances prior to the plan's implementation and "substantial consummation" might make alterations to the plan...
United States New York Rickel Assocs Martin Glenn Johns Manville Corp Jones Day

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