In a prior post , we discussed that a number of preference actions were filed in the MCG Limited Partnership, et al. bankruptcy proceeding by the Chapter 7 Trustee. Since this post, an additional 93 preference complaints were filed, bringing the total ... Read full article
One question that clients often ask is what measures can be taken to reduce preferential exposure when dealing with a company that is sliding into financial insolvency. Under Section 547 of the Bankruptcy Code, a debtor or trustee can seek to avoid and ... Read full article
In this prior pos t, a discussion was provided in connection with requiring a company to prepay for its goods or services in order to limit potential preferential exposure. ... Read full article
In Howell v. U.S. Foods, Inc. , Ch. 7 Case No. 11-13160, Adv. Proc. No. 13-1054, 2014 Bankr. LEXIS 681 (Bankr. N.D. Ga. Feb. 5, 2014) ( click here for .pdf of Order ), the individual debtor owned and managed a restaurant incorporated as Bilbo’s Bar-B-Que, ... Read full article
In this prior pos t, a discussion was provided in connection with requiring a company to prepay for its goods or services in order to limit potential preferential exposure. ... Read full article
One question that clients often ask is what measures can be taken to reduce preferential exposure when dealing with a company that is sliding into financial insolvency. Under Section 547 of the Bankruptcy Code, a debtor or trustee can seek to avoid and ... Read full article
In Howell v. U.S. Foods, Inc. , Ch. 7 Case No. 11-13160, Adv. Proc. No. 13-1054, 2014 Bankr. LEXIS 681 (Bankr. N.D. Ga. Feb. 5, 2014) ( click here for .pdf of Order ), the individual debtor owned and managed a restaurant incorporated as Bilbo’s Bar-B-Que, ... Read full article
Summary In a 14 page decision signed September 30, 2013, Judge Walsh of the Delaware Bankruptcy Court provided a primer on one of the limitations of standing provided in the bankruptcy code in his opinion granting a motion to dismiss. Judge Walsh’s ... Read full article
The Spring 2013 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the ... Read full article
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 ... Read full article
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Earlier this year, the U.S. Bankruptcy Court for the Middle District of Tennessee issued a decision holding that creditors sued for preferences can assert a new value defense based on the goods provided to a debtor in the 20 days before the bankruptcy ... Read full article
The Spring 2011 edition of the Absolute Priority newsletter, published by the Cooley LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article
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Summary In a 12 page decision signed July 6, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a complaint that sets forth only conclusory allegations parroting the statutory language of the Bankruptcy Code is ... Read full article
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Summary In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal under FRCP 12(b)(6). Judge Walrath’s opinion is available here (the ... Read full article
