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Finance and Banking

Liquidating Trustee Ousted for an Undisclosed Litigation Funding Agreement

The pricey litigation funding agreement had not been disclosed to creditors before confirmation.

Texas Northern District

A Lender Can’t Have a Lien on Avoidance Actions, District Judge Says

Just because an avoidance action is prepetition property under Section 541(a)(1) doesn’t mean that a lender can have a lien on the avoidance action as a general intangible, district judge says in affirming Bankruptcy Judge Thad Collins.

Iowa Northern District
Article Tags
Mortgage
Finance and Banking
Real Estate

Full story via WSJ. (Subscription required.)

Is This the Real Life? Is This Just Fantasy? Obstacles to the Use of Digital Assets as Collateral for Cross-Border Transactions

Aug 2025

Bankruptcy Code
541
Topic Tags
Bankruptcy Litigation
Legislation
Finance and Banking
International Insolvency
Telecom/Tech

Maintaining Private-Equity Involvement and Funding When Their Initial Investment Is Underwater

Aug 2025

Bankruptcy Code
none
Topic Tags
Corporate Governance
Financial Advisors
Business Reorganization
Finance and Banking
Investment Banking
Lender Liability
Turnaround Issues
Uniform Commercial Code/Article 9

Golden Age of Corporate Bankruptcy

Sept 2025

Bankruptcy Code
1127
Topic Tags
Bankruptcy Litigation
Fraudulent Transfers
Legislation
Business Reorganization
Finance and Banking
Mass Torts
Public Companies and Claims Trading
SEC Issues

Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says

Selling a debtor’s claims must be structured to avoid champerty under state law.

5th Circuit

Fifth Circuit Explains When There Is No Double Recovery from Avoiding a Lien

Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’

5th Circuit
Article Tags
Consumer Debt
Finance and Banking

Full story via WSJ Pro Bankruptcy.

Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution

Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.

11th Circuit
Florida
Florida Southern District
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