Bankruptcy Law News and Insights

In Svenhard's Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer's withdrawal liability to a multiemployer pension fund was not an executory contract that could be assumed and assigned to a...

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In his latest article for The Bankruptcy Strategist,titled "Dip Financing and Liens On Avoidance Actions," Schulte Roth & Zabel of counsel Michael L. Cook discusses the Eight Circuit's recent decision in In re Simply Essentials, LLC. The Eighth Circuit held that "avoidance actions [e.g., preferences, fraudulent transfers] can be sold as property...

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"Don't worry about extending credit to the debtor during Chapter 11. You'll have an administrative claim." True but not fully. Claims that arise during the bankruptcy case from goods or service received by the debtor during bankruptcy have an administrative claim. But it is the rule that a lender to...

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