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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

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. §...

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Texas Bankruptcy Court: Debtor's Non-Economic Rights Under LLC Agreement Are Estate Property Protected by Automatic Stay | Jones Day

The Bankruptcy Code invalidates "ipso facto" clauses in executory contracts or unexpired leases that purport to modify or terminate the contract or lease (or the debtor's rights or...

United-states , Delaware , Texas , Christopher-lopez , Marine-inc , Gastroenterology-medical-clinic-inc , Milford-power-co , Healthcare-corporation , Whiting-pools-inc , Us-bankruptcy-court , Folsom-endoscopy-center , Supreme-court

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,...

United-states , Robert-remmert , Circuit-court , Procurement-corp , See-briar-capital-working-fund , Greenshaw-energy-inc , Coast-supply-company , Briar-capital-working-fund , Dorsey-whitney , Whiting-pools-inc , Equinox-oil-co , Ninth-circuit-courts

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")...

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Avoidance Actions Can Be Sold in Section 363 Sales | Patterson Belknap Webb & Tyler LLP

An appeals court ruled recently that chapter 5 avoidance actions are property of a debtor’s bankruptcy estate that can be sold in section 363 sales. In re Simply Essentials, LLC, No....

United-states , Wilton-armetale-inc , Cybergenics-corp , Whiting-pools-inc , Ontos-inc , Patterson-belknap-webb-tyler , Supreme-court , Patterson-belknap-webb , Bankruptcy-code , Pools-inc , Simply-essentials

Recent Disclosure Guidance Highlights Growing Concern Surrounding The Risks Of User Assets Held By Various Crypto Custodians - Fin Tech

Recent turmoil in the cryptocurrency market has brought issues related to crypto-asset custody to the forefront of the cryptocurrency discourse; in an enormous $1 trillion crypto-asset crash...

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Tenth Circuit BAP: Bankruptcy Courts Have Exclusive Jurisdiction to Determine Whether Claims Are Estate Property | Jones Day

In
Hafen v. Adams (In re Hafen), 616 B.R. 570 (B.A.P. 10
th Cir. 2020), a bankruptcy appellate panel from the Tenth Circuit ("BAP") held that the bankruptcy court is the only court with subject-matter jurisdiction to decide whether a claim or cause of action is property of a debtors' bankruptcy estate. As a consequence, the BAP held that the bankruptcy court abused its discretion by permitting a state court to determine whether creditors had "standing" to sue third-party recipients of allegedly fraudulent transfers. The decision illustrates the distinction between "bankruptcy standing" and "constitutional standing" to sue in federal courts.
Jurisdiction Over Estate Property in Bankruptcy

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