The Purdue Pharma decision is just the latest case to address the constitutional and statutory authority for third-party releases in bankruptcy plans. Shortly thereafter, a New Jersey bankruptcy court dismissed LTL’s second attempt to commence a bankruptcy case using the Texas two-step. These cases and other recent decisions all focus on methods and tools to resolve complicated mass-tort matters in Chapter 11, which two professors recently argued is an appropriate tool to resolve these types of cases.
Recent cases involving structured dismissals and the dischargeability of corporate debts in Subchapter V demonstrate the evolving nature of Subchapter V and its ability to remain an efficient and cost-effective process for small businesses.
With Chapter 11 bankruptcy filings on the rise in the first six months of 2023, including Subchapter V filings, it is important to understand the advantages and challenges of Subchapter V and its stream-lined reorganization process.
Two recent bankruptcy court opinions came to different conclusions on whether the liquidating trustee is obligated to make quarterly payments post-confirmation on disbursements from the liquidating trust.
When a business owner files an individual bankruptcy case, courts disagree on whether the owner’s personal guarantees of the business debt are discharged. A Wisconsin district court recently addressed this issue. What practical pointers can practitioners take from this recent decision and the rulings of other courts?
What steps should creditors take to best understand their rights and ensure they are as fully protected as possible both before and after a cryptocurrency bankruptcy case is filed.
As the cryptocurrency industry continues to face significant volatility and new bankruptcy cases are filed every day, what are some of the major issues bankruptcy practitioners and courts will need to address in the coming days?
A recent law review article analyzed the different categories of bankruptcy filers. What can bankruptcy practitioners use with that information and how can that information impact bankruptcy public policy?
When conducting a winddown of a business, should the business formally dissolve? What are the benefits and what are the risks when dissolving an entity?
The Supreme Court’s Siegel opinion found the U.S. Trustee’s temporary fee increase unconstitutional. What are the implications of the opinion?
- A Quintet of Recent Major Court Decisions in Mass Tort Cases and a Scholarly Defense of Third-Party Releases and Two-Step Bankruptcies as a Matter of Public Policy
- Recent Trends in Subchapter V
- Subchapter V Bankruptcy Reorganization: Strategies and Uses
- Must a Liquidating Trustee Pay U.S. Trustee Fees Post-Confirmation?
- Practical Advice for Addressing Guarantees in Bankruptcy
- Preparing for Doomsday: A Primer for Creditors to Protect their Rights Against the Demise of Cryptocurrency
- New Analysis of Consumer Bankruptcy Filers
- To Dissolve, or Not to Dissolve—That is the Question
- U.S. Trustee Fee Program Ruled Unconstitutional