Business Reorganization

Revisiting Bad-Faith Filings: Exiting Chapter 11

Faculty Biographies (New York City Bankruptcy Conference 2022)

Anatomy of a Hundred-Cent Case: Deconstructing Hertz and Garrett Motion

Severing Third-Party Releases: A Path Forward After Patterson

In an opinion issued on January 13, 2022, Judge David Novak of the United States District Court for the Eastern District of Virginia struck down non-consensual third-party releases [2] from a plan confirmed by the bankruptcy court.

Post-Petition, Pre-Solicitation Plan-Support Covenants: Potential Tools for Mitigating a Free-Fall Filing

In bankruptcy, a debtor-in-possession’s chief goal is to get its plan of reorganization confirmed by the bankruptcy court. [1] Among other things, the Bankruptcy Code requires that at least one class of impaired creditors vote to accept the plan — i.e., that at least two-thirds in amount and one-half in number of the allowed claims in such class accept the plan.

A Receiver May Move to Dismiss an Involuntary Petition, but May Not Answer

Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.

2018 Increase in U.S. Trustee Fees Held Unconstitutional by the Supreme Court

The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.