Bankruptcy Law News and Insights

DOJ And SEC Charge Fund Manager For Fraud In Connection With Retailer Bankruptcy

Published: Sep 08, 2020
|
The DOJ and the SEC charged the manager of a hedge fund with securities fraud, wire fraud, extortion and obstruction of justice related to his "conduct in the offer of certain shares being disposed of as part of the Neiman Marcus Group Ltd. bankruptcy proceedings." (See here for the DOJ Complaint and here for...

Read More

Second Circuit’s Lehman Flip Clause Decision Continues The Expansion Of The Bankruptcy Code Safe Harbors

Published: Sep 02, 2020
|
On August 11, 2020, the United States Court of Appeals for the Second Circuit affirmed lower court decisions rejecting Lehman Brothers Special Financing Inc.'s ("LBSF") attempt to recover nearly $1 billion in payments to noteholders and enforcing certain Priority Provisions (defined below) that subordinated payments otherwise payable to LBSF under...

Read More

Can A Business Owner Reorganize Guaranty Obligations Under Subchapter V?

Published: Aug 24, 2020
|
The new subsection, which took effect in February, creates a more streamlined and less expensive Chapter 11 reorganization path for small business debtors. Subchapter V appears to be popular. According to the American Bankruptcy Institute, over 600 cases have been filed since February, including two dozen in North Carolina. Subchapter...

Read More
Go to Top