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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 - Vimarsana News

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. §...

Joining Other Circuits, the Fifth Circuit Reverses Lower Court and Approves Sale of Preferential Transfer Claims to Non-Fiduciaries | Patterson Belknap Webb & Tyler LLP - Vimarsana News

Joining Other Circuits, the Fifth Circuit Reverses Lower Court and Approves Sale of Preferential Transfer Claims to Non-Fiduciaries | Patterson Belknap Webb & Tyler LLP

The Fifth Circuit recently ruled that a debtor can sell a preferential transfer action under Bankruptcy Code section 363 to a purchaser that is not a representative of the bankruptcy...

Fifth Circuit Holds Avoidance Actions Can Be Sold | Dorsey & Whitney LLP - Vimarsana News

Fifth Circuit Holds Avoidance Actions Can Be Sold | Dorsey & Whitney LLP

Joining the Eighth and Ninth Circuit Courts of Appeals, the Fifth Circuit Court of Appeals recently held that a debtor or trustee can sell its avoidance actions to third-party,...

The Year In Bankruptcy: 2023 | Jones Day - Vimarsana News

The Year In Bankruptcy: 2023 | Jones Day

One year ago, we wrote that 2022 would be remembered in the corporate bankruptcy world for the "crypto winter" that descended in November 2022 with the spectacular collapse of FTX...

Eighth Circuit: Avoidance Causes Of Action Are Property Of The Bankruptcy Estate That Can Be Sold - Insolvency/Bankruptcy - Vimarsana News

Eighth Circuit: Avoidance Causes Of Action Are Property Of The Bankruptcy Estate That Can Be Sold - Insolvency/Bankruptcy

A debtor's non-exempt assets (and even the debtor's entire business) are commonly sold during the course of a bankruptcy case by the trustee or a chapter 11 debtor-in-possession ("DIP")...

Source: mondaq.com