Sub V Plan with Non-debtor Release Approved over Opposition from Affected Investor Class: 11 USC § 1191 CramDown
In re Hal Luftig Co., 22-11617 (Bankr. S.D.N.Y. November 22, 2023). If the Supreme Court decides in Purdue that bankruptcy… Read More »
Category: Bankruptcy
11 U.S.C. § 546(e) Securities Settlement Transfer Affirmative Defense for Financial Institutions is a Safe Harbor
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 20-3257-cv (L), In re Nine West LBO Sec. Litig. August Term… Read More »
In Subchapter V, a Class with No Votes Isn’t Counted (and a flute with no holes is not a flute)
Two bankruptcy judges in Houston agree: In confirming a chapter 11 plan in Subchapter V, a non-voting, impaired creditor class… Read More »
Failure to Keep Sufficient Business Records leads to Denial of Bankruptcy Discharge: 11 USC 727(a)(3)
Hernandez v. Shove Docket: 22-9005 Opinion Date: October 6, 2023 Judge: Montecalvo Areas of Law: Bankruptcy, Discharge Denial for Failure… Read More »
SARE, NOT SARE: Single Asset Real Estate in Bankruptcy
Single asset real estate is defined in the Bankruptcy Code as a single property or project that generates substantially all… Read More »
Valuation of a Massachusetts’ spouse’s interest in a tenancy by the entirety
This appeal required the Court to assess the propriety of a valuation method espoused in the Bankruptcy Appellate Panel’s (“B.A.P.”)… Read More »
Attorney Amann presents talk on Fraudulent Transfers for National Business Institute….and has to wing it (kind of).
Fraudulent Transfer power point slides NBI August 17 2023 Degiacomo vs. sacred heart in re Palladino 548 clawback Traverse 548… Read More »
Statutes of Limitations for Liens in Massachusetts
A lien on real estate can be a useful tool for a property owner to, perhaps, facilitate the purchase or… Read More »
Follow Up to
Berkowitz v Invaleon Techs Corp In re Rowley Solar LLC BAP 1st Cir 2023 As a quick follow up to… Read More »
How the Grinch Stole Christmas: The Liquidation of Christmas Tree Shops
Christmas Tree Shops filed for bankruptcy in May, hoping to keep most of its stores open while addressing its debt. … Read More »
