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31 May 2024, 6:31 am
A debtor that continues to operate during its Chapter 11 bankruptcy is referred to as a “debtor in possession. [read post]
24 May 2024, 3:00 am
National/Federal With Debate Deal, Trump and Biden Sideline a Storied Campaign Institution DNyuz – Adam Nagourney (New York Times) | Published: 5/16/2024 The agreement by President Biden and Donald Trump to move ahead with two presidential debates, and sideline the Commission on Presidential Debates, is a debilitating and potentially fatal blow to an institution that had once been a major arbiter in presidential politics. [read post]
21 May 2024, 8:55 am
On the other hand, Chapter 13 is often called a reorganization bankruptcy. [read post]
20 May 2024, 4:05 pm
Provisions related to control such as debtor milestones have become more frequent in the last ten years of the sample. [read post]
16 May 2024, 10:00 pm
Here is the key language from the 6th Circuit's Dow Corning decision: We hold that when the following seven factors are present, the bankruptcy court may enjoin a non-consenting creditor's claims against a non-debtor: (1) There is an identity of interests between the debtor and the third party, usually an indemnity relationship, such that a suit against the non-debtor is, in essence, a suit against the debtor or will deplete the assets of the estate;… [read post]
14 May 2024, 11:14 am
Scott Riddle’s practice focuses on bankruptcy and reorganization. [read post]
11 May 2024, 7:09 am
The debtor must also have a feasible plan to reorganize their financial affairs and be able to make the required payments under the plan. [read post]
7 May 2024, 1:23 pm
All ovarian/gynecological cancer claims will be channeled to the trust under a 524(g) injunction, meaning that reorganized Red River will have no liability for future talc claims. [read post]
4 May 2024, 11:35 am
Chapter 11 focuses on reorganizing and restructuring the debtor’s financial affairs, aiming to keep the business running or allow individuals to repay their debts over time.Under Chapter 11, debtors have a chance to create a plan that modifies their obligations, renegotiates contracts and leases, and reduces their debt burden. [read post]
29 Apr 2024, 9:05 pm
Reorganizations were rare and creditor recoveries were scant. [read post]
23 Apr 2024, 9:05 pm
For instance, in the fast-track reorganization procedure in jurisdictions such as South Korea and Japan, the procedure can still be lengthy given that the debtor is subject to most of the formalities and procedural requirements of ordinary reorganizations. [read post]
23 Apr 2024, 2:07 pm
Implementation of the Debtor’s Reorganization Plan Section 1142 of Chapter 11 further clarifies the debtor’s obligation to comply with its confirmed reorganization plan (stating that the debtor “shall carry out the plan and shall comply with any orders of the court”). [read post]
16 Apr 2024, 2:05 pm
Most notably, in Subchapter V cases, creditors do not have the opportunity to file competing reorganization plans—which means that the process generally focuses on resolving any significant concerns related to the debtor’s proposed plan before going through the confirmation process. [read post]
8 Apr 2024, 10:00 pm
Post-confirmation Checklist Use this checklist to determine the actions to take after the confirmation of a plan of reorganization. [read post]
6 Apr 2024, 11:12 am
Chapter 11 or 13 Bankruptcy and SBA EILD Loans Chapter 11 bankruptcy, also known as business reorganization bankruptcy, focuses on the restructuring and continuation of a business, rather than liquidation. [read post]
3 Apr 2024, 8:47 am
Scott Riddle’s practice focuses on bankruptcy and reorganization. [read post]
2 Apr 2024, 9:05 pm
What if bankruptcy can accommodate noneconomic and public-regarding values and still facilitate efficient settlement and reorganization goals? [read post]
29 Mar 2024, 10:47 am
The Ability to Continue Doing Business After filing for bankruptcy under Chapter 11, the company is classified as a “debtor in possession. [read post]
25 Mar 2024, 10:00 pm
Debtors that are reorganizing also count the days until they emerge from bankruptcy as a healthier entity! [read post]
22 Mar 2024, 8:20 pm
Inc. (22-1079) centered on the question of whether an insurer has the right to object to a debtor's reorganization plan under Chapter 11 bankruptcy. [read post]
