News Topic: Claims

Section 365 of the Bankruptcy Code allows debtors to “assume” unexpired leases, recommitting themselves and their counterparties to the existing lease terms, subject to approval by the Bankruptcy Court.  If there are existing defaults under the lease, ... Read full article

The allowance of postpetition interest in solvent debtor chapter 11 cases has become an important issue in recent years for corporate issuers, bondholders and other creditors.  This post will examine a recent decision in the Hertz case by Judge Mary ... Read full article

The treatment of make-whole premiums in chapter 11 cases in solvent debtor cases has become an important issue in recent years for corporate issuers and bondholders.  This post will examine a recent decision in the Hertz case by Judge Mary Walrath of the ... Read full article

A recent decision reminds creditors of the harsh consequences of failing to comply with a court imposed deadline for filing claims in a bankruptcy case. The U.S. Court of Appeals for the Third Circuit recently held in Ellis v. Westinghouse that claims ... Read full article

Two recent judicial decisions, Sanchez Energy and Tribune Media , highlight the challenges faced by indenture trustees and their professionals in chapter 11 cases where there are no recoveries to noteholders.  ... Read full article

My community was recently rocked by two businesses who were suddenly in Chapter 7 bankruptcy with unhappy clients and customers.    Chapter 7 bankruptcy for business is a very different process than when people file for ... Read full article

On November 28, 2016, Judge Laurie Selber Silverstein of the Delaware Bankruptcy Court ruled on a motion for relief from the automatic stay (we she treated as a motion for relief from the discharge injunction) in the Altegrity bankruptcy, Case No. ... Read full article

Listing all creditors is vital to the success of a bankruptcy case.  So is filing all required tax returns on time.  If you fail to file a tax return you might not be aware you owe the IRS money, so it would be easy to mistakenly omit that creditor from ... Read full article

The Second Circuit Court of Appeals, acting with unusual alacrity (oral argument was heard only one month ago), summarily reversed the district court decision in Longacre Master Fund v. ... Read full article

The Second Circuit Court of Appeals recently heard arguments in a case that could have substantial implications on the trading of bankruptcy claims. While the court could choose to resolve the case, Longacre Master Fund, Ltd. v. ... Read full article

You know that nothing good can come from an opinion which begins like this: ... Read full article

The ongoing debate about the treatment of cleanup orders in bankruptcy looks to be getting a lot more interesting in the Second Circuit. ... Read full article

Earlier this month on my Atlanta-bankruptcy web site blog I discussed < ... Read full article

The Third Circuit Court of Appeals issued an en banc opinion  (pdf) today in which it overruled the Frenville standard for determining the existence of a "claim" for purposes of Section 101(5) of the Bankruptcy Code.  ... Read full article