Two bankruptcy courts have recently addressed the issue of whether a debtor’s activities with creditors in general can affect the ordinary-course-of-business defense under the subjective prong of § 547(c)(2)(A) of the Bankruptcy Code. In the first decision, Ames Merch. Corp. v. Revere Mills Inc. (In re Ames Dept.
Standing is “an essential and unchanging part of the case-or-controversy requirement of Article III.” [1] In challenging a bankruptcy court order, the right of appellate review has hist
Courts have wrestled with the definition of “individual” in the context of proceedings or defenses resulting from a violation of the automatic stay that arises when a corporation files for bankruptcy. Historically, a violation of the stay is brought by the trustee or debtor in possession, although the statute governing the automatic stay permits any “indi
Companies routinely purchase directors’ and officers’ liability insurance (D&O insurance) to shield directors and officers from personal liability based on the actions they take in their official capacities.
The Supreme Court’s seminal opinion in Daubert v.
Editor's Note: The following article, "Bankruptcy Jurisdiction's Constitutional Outer Limits" won the prize for second place in the Second Annual ABI Bankruptcy Law Student Writing Competition.
Editor's Note: The following article, "Tax Claims in Transnational Insolvencies: A 'Revenue Rule' Approach," won the prize for third place in the Second Annual ABI Bankruptcy Law Student Writing Competition.
In In re Circuit City Stores Inc.[1]the U.S.
In bankruptcy cases, it is common for appellate courts to decline to review orders confirming substantially consummated chapter 11 plans because of the “equitable mootness” doctrine—a judge-created abstention rule intended to protect both the finality of reorganization and the expectations of third parties. Recently, however, the U.S.
The Lehman Brothers chapter 11 case will set many historic records and provide much “new” law before it winds down.