Bankruptcy Litigation

The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit

The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.

The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement

Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement.

Benchnotes March 2018

March 2018

Sixth Circuit Favors Subjective Test in Good-Faith Defense Analysis

March 2018

A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says

Fraudulent transfer suit isn’t always required to recover fraudulently transferred property.

Bankruptcy Law Is Too Difficult for Article III Judges

Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit

Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.