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Thursday, November 10, 2022

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Thursday, November 10, 2022

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Wednesday, November 9, 2022

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Wednesday, November 9, 2022

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Tuesday, November 8, 2022

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Tuesday, November 8, 2022

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Wednesday, November 2, 2022

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Monday, October 31, 2022

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Success Fee Dispute Arising Post-Effective Date Is a Core Bankruptcy Matter When Its Resolution Requires Interpretation of Plan Injunction

A plan sponsor’s financial advisor sues the plan sponsor and reorganized debtor for payment of a success fee arising from a purported financing transaction that allegedly closed post-effective date. In what forum should the suit be resolved? According to a recent decision from the Third Circuit, the suit is squarely within the jurisdiction of the bankruptcy court when such claims and issues require interpretation and enforcement of a plan injunction. [1]

The Intersection of the 1111(b) Election and Subchapter V

As subchapter V matters continue to become a meaningful part of an insolvency practice, lawyers and financial advisors should be aware of the nuances that can arise in such matters when they intersect with the more complicated areas of bankruptcy law. The § 1111(b) election within a subchapter V matter falls squarely within this realm, and its application has led some cases into uncharted territory.

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