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In this still-troubled economy, the majority of chapter 11 cases in the small- and mid-sized markets continue to lead straight into chapter 11 liquidation and/or 363 sales.

The Limited Liability Company (“LLC”) is the secret agent of business entities.  Part corporation, part partnership, this hybrid business entity enables its members and managers to take advantage of both the limited liability afforded to shareholders and directors of corporations and the pass through tax advantages available to partnerships.

In bankruptcy, a debtor often faces assessments for interest and penalties on property taxes from a variety of taxing jurisdictions. Addressing these claims can be frustrating and time-consuming. Frequently, the most confusing assessments are those for tax periods that straddle the petition date: Is the entire tax post-petition and thus entitled to administrative-expense treatment under § 503(b)(1)(B) of the Bankruptcy Code? Is the tax all pre-petition and thus a pre-petition unsecured claim entitled to priority status under § 507(a)(8)?

The Bankruptcy Code, under § 553, expressly preserves a creditor’s pre-petition right to setoff of mutual debt with the debtor. However, courts have consistently rejected the permissibility of triangular setoff under § 553.

Several recent high-profile chapter 11 cases have involved environmental liabilities and highlight how significant these liabilities can be to the restructuring process.

Standing is “an essential and unchanging part of the case-or-controversy requirement of Article III.”[1] In challenging a bankruptcy c

For some time, there has been confusion over when a civil injunction is dischargeable in bankruptcy. In United States v.

Much has been written about what §503(b)(9) is not: It does not do enough to protect creditors; it gives too much leverage to vendors and not enough to the debtor; it is not clear enough to provide various constituencies with definite implementation guidelines; or it just adds another layer of complexity that has to be dealt with.

When the Federal Deposit Insurance Corporation (FDIC) determines that a bank is insolvent, the FDIC will sometimes take it over to ensure that the bank’s deposits are secure. One way the FDIC protects these deposits is by selling off the loans that the bank owns, often at a discount.

After U.S. Government “bailout” loans, days of congressional hearings and months of speculation about “too big to fail” or the “cascading” effect throughout the supply chain, GM and Chrysler both filed for protection under chapter 11. Here’s why chapter 11 made sense.