Article Exchange

No Official Equity Committee Was Required Where It Was Unlikely Equity Would Receive Any Distribution And Where Equity Holders' Interests Were Already Sufficiently Represented

US Concrete, Inc., Case No. 10-11407 (PJW) (June 21, 2010) (J. Walsh)

Altered Ego: New Ninth Circuit Opinion Overrules Previously Well-Settled Law Regarding Exclusive Standing Of Bankruptcy Trustees To Pursue General Claims On Behalf Of The Estate

On October 21, 2010, the Ninth Circuit overruled what many thought to be well-settled law, and held that a bankruptcy trustee does not have standing to pursue alter ego claims, at least in cases governed by California law. The court first hel

District Court Applies FRCP 59(e) In Denying Trustee's Motion To Alter Or Amend Judgment And Amend Complaint

Jeoffrey L. Burtch, Chapter 7 Trustee, Factory 2-U Stores, Inc. et al., v. Milberg Factors, Inc., C.A. No. 07-556-JJF-LPS (D.Del.

Permissive Abstention Appropriate Where Claims For Payment Of Outstanding Invoices Centered On Contractual Dispute.

DHP Holdings II Corp. v. Peter Skop Industries, Inc. (DHP Holdings II Corp.), Case No. 08-13422, Adv. No. 09-52811 (August 13, 2010) (J. Walrath)

Reversal Of Decision In Bayou Group Bankruptcy Offers Little Guidance For The Institutional Investor Wishing To Redeem From A Fraudulent Ponzi Scheme

In a partial reversal of a decision from Bayou Group LLC's bankruptcy case, the U.S.

Hardship Discharge In Chapter 13 Bankruptcy