Involuntary Bankruptcy

Going Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2016

02/22/16

dollar-1164990_1280An official notice from the Judicial Conference of the United States was just published announcing that certain dollar amounts in the Bankruptcy Code will be increased ever

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Caesars Bankruptcy: Illinois Bankruptcy Proceeding Stayed by Delaware Bankruptcy Court

01/18/15

On January 12, 2015, Appaloosa Investment LP and funds affiliated with Oaktree Capital and Tennenbaum Capital filed an involuntary bankruptcy petition against Caesars Entertainment Operating Company, Inc. (“Caesars”) with the United States Bankruptcy Court for the District of Delaware.  The petitioning creditors are junior noteholders of the debtor.

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Involuntary Bankruptcy Actions Discussed

12/14/14

Can a financially distressed be “forced” into bankruptcy by its creditors?  In other words, is it possible for creditors to subject a distressed entity into an involuntary bankruptcy proceeding?

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Going Up: Bankruptcy Dollar Amounts Will Increase On April 1, 2013

02/26/13

It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for new cases filed on or after April 1, 2013. Follow this link for a chart listing all of the changes on this Federal Register page, which printed this month's official notice from the Judicial Conference of the United States.

Among the most meaningful increases for Chapter 11 and other business bankruptcy cases:

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Forced Into Bankruptcy: The Involuntary Bankruptcy Process

05/24/12

When a company is facing financial distress, the question often comes up whether creditors can "force" the company into bankruptcy. Although the answer is more complicated than it may seem, this post aims to sort out what being "forced into bankruptcy" really means (hint: there are two different ways this can happen) and why it matters to companies and creditors.

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Will Bankruptcy Issues Affect Georgia Governor's Race?

09/19/10

Nathan Deal under scrutiny for financial woesIf you have been reading your local newspapers, you may be aware that Nath

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Involuntary Bankruptcy Is Even Riskier Than You Thought

07/11/07

We all know that per 11 U.S.C. § 303(i), when an involuntary bankruptcy petition is unsuccessful, the court may grant judgment against the petitioning creditors for attorney fees, and may also award damages and punitive damages if the petition was filed in bad faith. The Bankruptcy Appellate Panel has sharpened those tools in a recent decision: In re Macke International Trade, Inc., 2007 WL 1845519 (Bankr. App. 9th Cir. June 8, 2007).

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Involuntary Bankruptcy Is Even Riskier Than You Thought

07/11/07

We all know that per 11 U.S.C. § 303(i), when an involuntary bankruptcy petition is unsuccessful, the court may grant judgment against the petitioning creditors for attorney fees, and may also award damages and punitive damages if the petition was filed in bad faith. The Bankruptcy Appellate Panel has sharpened those tools in a recent decision: In re Macke International Trade, Inc., 2007 WL 1845519 (Bankr. App. 9th Cir. June 8, 2007).

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