Unsecured Trade Creditors

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.

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]

Vermont Bankruptcy Court Clarifies “Separate Transaction” and Dismisses Involuntary Petition

May 2022

Demystifying a Company’s Systematic Risk

Feb 2022

Current Issues Impacting the Bottom Lines of Health Care Restructuring Cases

With Lenders Asleep at the Wheel, Unsecured Creditors Should Consider Involuntary Bankruptcy

Jan 2022

Can Subchapter V Trustees Invoke the Common-Interest Doctrine?

Dec 2021

A Claim Objection Can Head Off Election of a Permanent Chapter 7 Trustee

A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.

Is the Applicability of the Small Dollar Venue Limitation to Preference Actions Dying on the SBRA Vine?

Oct 2021

What’s Different About Restaurant Restructurings During COVID-19?

Aug 2021