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Mass Torts

In re Décor Holdings, Inc.: A Roadmap for the Ordinary-Course-of-Business Defense

Section 547(c)(2)(A) of the Bankruptcy Code, often referred to as the “subjective OCB defense,” provides a defense to a preference suit if the defendant can show that the challenged payments made during the 90-day preference period are sufficiently consistent with the historical payments made by the debtor to the defendant.

Tuesday, April 19, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Health Care
Mass Torts
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U.S. Trustee Does Not Have Unilateral Authority to Deviate from a Bankruptcy Court’s Order, but Can the U.S. Trustee Disband a Creditors’ Committee?

Under the Bankruptcy Code, the U.S. Trustee [1] has the power to appoint a committee. [2] Section 1102(a)(1) of the Bankruptcy Code requires U.S. Trustees to appoint a committee of creditors holding unsecured claims in all cases “as soon as practicable after the order for relief....” [3]

Monday, April 18, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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
Friday, April 15, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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
Thursday, April 14, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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, April 13, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Health Care
Mass Torts
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, April 13, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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, April 13, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
Mass Torts
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, April 13, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Business Reorganization
First-day Motions
Mass Torts
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
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