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Business Reorganization

Courts Are Now Split on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business

Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.

8th Circuit
Missouri
Missouri Western District
Thursday, December 10, 2020
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Fraud
Fraudulent Transfers
Business Reorganization
Finance and Banking
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Thursday, December 10, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Real Estate
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Thursday, December 10, 2020
Article Tags
Business Reorganization
Retail
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Subchapter V Trustees Are Entitled to ‘Reasonable’ Compensation Without a “Cap”

Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.

9th Circuit
Idaho
Wednesday, December 9, 2020
Article Tags
Asset Sales
Corporate Governance
Court Administration
Creditors' Committee
Plan Confirmation
Business Reorganization
Covid19
Retail
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Wednesday, December 9, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Covid19
Retail
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Wednesday, December 9, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Wednesday, December 9, 2020
Article Tags
Court Administration
Fraud
Business Reorganization
Finance and Banking
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Courts Are Split on the Interest Rate for Unsecured Creditors of a Solvent Debtor

California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.

9th Circuit
California
California Southern District
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