Bankruptcy Law News and Insights

Is The Spark Gone?

Published: Aug 07, 2023
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Section 503(b)(9) of the Bankruptcy Code gives a massive boost to creditors that sold goods to a financially distressed customer shortly before the customer's bankruptcy filing. While claims for goods sold before a bankruptcy filing are typically treated as general unsecured claims that often receive pennies on the dollar (or...

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Know When To Fold ‘Em: Bankruptcy Lessons From Akorn’s Chapter 7

Published: Aug 02, 2023
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As the current business cycle swings into volatile territory across the country, sponsors, lenders, and management teams will be faced with difficult choices in how to maximize value from troubled businesses. Amid declining consumer sentiment, investors weary of a recession, higher interest rates, and increased counterparty risk, creative solutions should and uncommon...

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Is Commercial Lease Termination A Fraudulent Transfer? Circuit Courts Differ

Published: Jul 27, 2023
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The following article compares In re Great Lakes Quick Lube L.P., 816 F.3d 482 (7th Cir. 2016), where the Seventh Circuit Court of Appeals ruled that a commercial lease termination –constitutes a fraudulent transfer – and In re Pazzo Pazzo, Inc., No. 21-2344, 2022 WL 17690158 (3d Cir. Dec. 15, 2022), where...

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