As a result of the general prohibition under §1125(b) of the Bankruptcy Code on solicitation of votes to accept or reject a plan prior to court approval of a disclosure statement, there is usually a period of time between the hearing on approval of a disclosure statement and the hearing on confirmation of the plan.
A major trend in insolvency law over the past 10 years is the increase in assets sales through bankruptcy. Instead of a confirming a reorganization plan under chapter 11, a majority of debtors market and sell substantially all their assets through a §363 sale. A major challenge for potential buyers in this situation is the ability to accurately value the assets to be purchased. This uncertainty can be especially pronounced when intellectual property (IP) rights, such as trademarks, are involved since their value depends, in large part, on the ability of the owner to enforce its monopoly.
A recent bankruptcy decision confirms that loan servicers for a securitized trust have standing to pursue relief from the automatic stay. In re Woodberry, 383 B.R. 373 (Bankr. D. S.C. Feb.
The recent disruptions in financial markets have caused many of our clients to assess their counterparty exposure to troubled financial institutions. This article summarizes the key principles governing swap participants' rights in bankruptcy proceedings to assist the reader in working through the current turmoil in financial markets.
ABI is pleased to announce your 2008-2009 co-chairs, as well as the addition of five new leadership positions. These new positions are a result of your feedback regarding opportunities for involvement and advancement in the association. The first position is that of the Education Director, who will assist the chairs in coordinating and administering
On April 29, 2008, the Second Circuit Court of Appeals in In re The Penn Traffic Co., 2008 WL 1885328, held that under Bankruptcy Code §365, a nondebtor party to a contract that is executory at the time a bankruptcy case is commenced cannot, by post-petition tender or performance of its own outstanding obligations under the contract, deprive the debtor party of the ability to exercise its statutory right to reject the contract as disadvantageous to the estate.
Constructive trusts are creations of state law. However, some bankruptcy courts have exercised their equitable powers to impose constructive trusts on estate assets. Other bankruptcy courts have concluded that the notion of constructive trusts is at odds with the goals of the Bankruptcy Code. As set forth below, a party seeking imposition of a constructive trust must commence an adversary proceeding. The plaintiff has the burden of proof, and the standard is clear and convincing evidence.
Solvent corporations can generally do whatever they like with their assets. Officers and directors only have to account to their shareholders.
Creditors finally have a definitive answer. The Delaware Supreme Court has now held in North American Catholic Educational Programming Foundation Inc v.
Solvent corporations can generally do whatever they like with their assets. Officers and directors only have to account to their shareholders.