Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.
The Bankruptcy Code, in its current form, anticipates the inclusion of intellectual property (IP) within the property of an estate. Not only is IP defined [1] in the Bankruptcy Code, it is also explicitly considered in terms of executory contracts. [2] While “executory contract” is not specifically defined in the Code, the U.S.
This session will focus on key issues in a health care restructuring or bankruptcy from a creditor's point of view. It will address issues pertaining to both secured and unsecured creditors. Possible topics include: (1) understanding ways health care businesses are financed (receivables financing, municipal bond financing); (2) bankruptcy alternatives (receiverships, ABC, workouts); (3) DIP financing for health care businesses; (4) anticipating regulatory review; (5) issues concerning health care 363 sales; (6) issues facing committees in health care bankruptcy cases; and more.
The session will help attorneys who represent creditors understand some of the main issues their clients face with respect to distressed health care businesses and strategies for protecting their interests as the debtor goes through a Chapter 11 case.
Creditor
In Ritzen Grp. Inc. v. Jackson Masonry LLC,[1] the U.S. Supreme Court definitively established that an order denying a motion for relief from the automatic stay under Bankruptcy Code § 362(d) is a final order that may be — and must be — immediately appealed. In the years following Ritzen, almost every circuit court has had an opportunity to ring in on finality issues. This article surveys notable circuit court opinions applying Ritzen in contexts ranging from discovery motions to claim objections.
Post-Confirmation Property of the Estate in Subchapter V
