Bankruptcy Law News and Insights

Bankruptcy Court Slams U.S. Trustee’s Attempted Disqualification Of Investment Banker

Published: Oct 24, 2022
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The "connections" of the chairman ("W") of the debtor's investment bank ("S") to his family's foundations do "not give rise to an actual, active conflict of any kind," held a bankruptcy judge in the Southern District of New York on Oct. 17, 2022. In re SAS A.B., 2022 WL 10189110, *3...

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Fifth Circuit Rules On The “Solvent-Debtor Exception” And Make-Whole Premiums

Published: Oct 21, 2022
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In Short The Situation: Courts have disagreed over whether a make-whole premium triggered by a borrower's bankruptcy filing must be disallowed as unmatured interest. They have also disputed whether the "solvent-debtor exception" requiring the payment of postpetition interest to unimpaired unsecured creditors of a solvent debtor survived the enactment of the...

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Second Circuit Rules That Bankruptcy Courts May Award Appellate Legal Fees As Sanction For Contempt

Published: Sep 30, 2022
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Courts disagree whether a bankruptcy court, in exercising its broad equitable powers, has the authority to award appellate legal fees as a sanction for contempt. The U.S. Court of Appeals for the Second Circuit recently weighed in on this issue as an apparent matter of first impression. In Law Offices of...

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