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The Bankruptcy Litigation Committee recently hosted a conference call discussing the latest articles in their newsletter (which primarily focus on electronic discovery issues). Authors of the Newsletter articles were available to discuss their articles and a wide range of topics, including the increasing role of metadata in bankruptcy and e-discovery obligations that may arise in connection with asset purchases.
Bankruptcy courts are faced with increasing discovery disputes over electronic discovery. One increasingly prevalent topic of contention is the production and use of metadata, which can be used in a variety of ways in avoidance actions and other adversary proceedings. This article will outline what metadata actually means, how it is produced, and some of the issues that can arise both inside and outside of bankruptcy in the discovery and use of metadata.
Real estate debtor principals who guaranty a debtor’s debts often face uphill battles to obtain stays pursuant to § 105 of the Bankruptcy Court of guaranty actions against them by secured creditors of the debtor. The bankruptcy court in In re Chicora Life Center, LC[1] recently issued such a stay. That court applied traditional § 105 analysis to a guarantor with very favorable facts, making Chicora Life Center unlikely to be a harbinger of real estate mortgage guarantors obtaining stays more readily.
Section 363 of the Bankruptcy Code provides for a trustee or debtor-in-possession to sell property of the bankruptcy estate outside of the ordinary course of business. To facilitate such sales, § 363(f) of the Bankruptcy Code permits a trustee or debtor-in-possession to sell such property “free and clear of any interest in such property” under certain circumstances. Pursuant to § 363(f), bankruptcy courts throughout the country routinely enter orders approving sales of assets free and clear of interests, liens, claims and encumbrances.
The Bankruptcy Litigation Committee had a tremendous 2016! We strived to continue to provide our members with enlightening and useful substantive information while also offering enjoyable and valuable social and networking opportunities.
Authors of the Bankruptcy Litigation Committee's most recent newsletter hosted a call to discuss their topic, mediation of bankruptcy disputes. Click here to review this full newsletter.
