A Pre-Conversion Superpriority Claim Has Priority Over Post-Conversion Administrative Expenses
By: Michael Foster ... Read full article
News Topic: Creditors' Rights
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A Pre-Conversion Superpriority Claim Has Priority Over Post-Conversion Administrative Expenses
By: Michael Foster ... Read full article
Liberal Test Applied to Impose Fee Award for Creditor’s Unsuccessful Discharge Objection
By: Lauren Michalski St. John’s Law Student American Bankruptcy Law Review Staff ... Read full article
S Corporation May Not Pay Shareholders’ Post-Petition Tax Obligations
By: Erin Rieu-Sicart St. John’s Law Student ... Read full article
Law Firm Does Not Qualify for Attorney Exemption in the Kansas Credit Services Organizations Act
By: Lisa Fresolone St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Third Circuit Rejects Wait-and-See Valuation Approach and Accepts Lien Stripping in Section 506(a)
By: Andrew Richmond St. John’s Law Student ... Read full article
Third Circuit Phases Out Old Standard For Determining When Claims Arise, With Some Exceptions
By: Melanie Spergel St. John’s Law Student ... Read full article
Second Circuit Expands Settlement Payment Defenses
By: Tianja Samuel St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
All Tolled, Section 108(c) Preserves a Mortgagee’s Option to Commence a Foreclosure Until After the Automatic Stay is Lifted
By: Matthew W. Silverman St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Intentional Conduct May Be Required to Prove Defalcation under Section 532(a)(4) In Certain Circuits
By: Elizabeth Vanderlinde St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
The Unenforceability of Flip Clauses in Swap Agreements
By: Piergiorgio Maselli St. John's Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Section 546(e): “Safe Harbor” Held Inapplicable to Small Private LBOs
By: Shlomo Lazar St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Low Threshold Adopted for “Participation” Sufficient to Bind a Creditor to a Chapter 11 Plan
By: Jonathan Weiss St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Signing a Proof of Claim May Trigger Attorney Disqualification
By: Jessica E. Stukonis St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Signing a Proof of Claim May Trigger Attorney Disqualification
By: Jessica E. Stukonis St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Limiting Creditor’s Rights: SEC’s Authority to Prevent Involuntary Bankruptcy Petitions in SEC v. Byers
By: Mark Sicari St. John's Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Definition of “Partner” in Bankruptcy Reorganization Plan Controls Subordination of Claims, Not Definitions under State Law
By: Jason L. Gould St. John's Law Student American Bankruptcy Institute Law Review Staff ... Read full article