Bankruptcy

Delaware Bankruptcy Court Rules on Fraudulent Transfer Actions for Subordinated Claimholders

Read how a Delaware bankruptcy ruling on recovery for subordinated claimholders clarifies when trustees may pursue fraudulent transfer actions.

Bankruptcy Court Clarifies Automatic Stay in Chapter 11 Case

Learn about a bankruptcy decision on the scope of an automatic stay where state court action over an estate’s rights led to sanctions for violating Section 362.

Eleventh Circuit Resolves Split on Corporate Debtor Discharges

Read about the Eleventh Circuit ruling that § 523(a) exceptions on debtor discharges apply to a corporate debtor in non-consensual Subchapter V plans.

Celsius Lawsuit Against Tether For Allegedly Improper Bitcoin Liquidation to Proceed

Learn why a judge ruled that Celsius’s $4B lawsuit against Tether, alleging breach of contract and crypto asset mismanagement, can proceed.

Supreme Court Narrows Sovereign Immunity Waiver

Learn more about the Supreme Court decision limiting the waiver of sovereign immunity in bankruptcy cases, ruling that trustees can’t use state law claims under Section 544(b) to sue the federal government.

How to Prevent Personal Liability for In-House Counsel During Financial Distress

Learn the best strategies to mitigate personal liability for in-house counsel at times of bankruptcy and financial distress.

Chancery Court Says Compliance With Delaware’s ABC Statute Isn’t Optional

Delaware’s ABC statute has its own requirements, and failure to comply may leave Chapter 7 as the only alternative. Learn more about this latest ruling.

Are Arbitration Clauses Enforceable in Bankruptcy?

Today’s General Counsel contributor Kenneth Rosen poses the question: “Are arbitration clauses enforceable in bankruptcy?” He provides a nuanced response.

Supreme Court Favors Insurers’ Chapter 11 Rights

Learn more about this significant development for insurers’ Chapter 11 rights and what it means for bankruptcy proceedings.

Understanding Bankruptcy Code Section 363(m): Appellate Review and Buyer Protections

Read about recent rulings around Bankruptcy Code Section 363(m) and how it protects asset buyers in bankruptcy, limiting appeals without a stay.

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