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Business Reorganization

Killing Two Birds with One Stone: BAP Denies Novel Attempt for § 364(d) Exit Financing in SARE Case, Rules Stay Relief Should Have Been Granted

Nov 2020

Bankruptcy Code
11 U.S.C. § 362
364
1129
Topic Tags
Automatic Stay
Plan Confirmation
Business Reorganization
Real Estate

A Liquidating Plan Doesn’t Automatically Pass the Best Interests Test, BAP Says

Findings of fact to show satisfaction of the best interests test ordinarily should be numerical comparisons, Ninth Circuit BAP Says

9th Circuit
Tuesday, September 22, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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Tuesday, September 22, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Covid19
Retail
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Tuesday, September 22, 2020
Article Tags
Asset Sales
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Covid19
Retail
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Tuesday, September 22, 2020
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Covid19
First-day Motions
Retail
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Tuesday, September 22, 2020
Article Tags
Corporate Governance
Creditors' Committee
Business Reorganization
Covid19
Retail
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Tuesday, September 22, 2020
Article Tags
Consumer Debt
Business Reorganization
Covid19
Finance and Banking
Labor/Employment
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Tuesday, September 22, 2020
Article Tags
Asset Sales
Corporate Governance
Business Reorganization
Covid19
Retail
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‘No Harm, No Foul’ Doesn’t Entitle a Debtor to a Discharge, BAP Says

Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.

10th Circuit
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