Bankruptcy Law News and Insights

“Golden Share” Equity Holder Can Bar Bankruptcy Filing

Published: Feb 11, 2018
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The Bottom Line The Bankruptcy Court in the Southern District of Mississippi (the "Court"), in In re Franchise Services of North America, Inc., Case No. 1702316EE (Bankr. S.D. Miss. Dec. 18, 2017), upheld the blocking power held by a "substantial equity holder", prohibiting a company from filing bankruptcy, as "valid...

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SDNY Bankruptcy Court Rejects Non-Consensual Third-Party Releases

Published: Dec 12, 2017
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The Bottom Line Third-party releases attract significant attention and debate in Chapter 11 cases. A Southern District of New York bankruptcy court recently weighed in on this hot topic and issued a decision in In re SunEdison, Inc., et al., Case No. 16-10992 (SMB) (Bankr. S.D.N.Y. Nov. 8, 2017), Docket...

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Amendments To Chapter 12 Make It Easier For A Family Farmer To Reorganize

Published: Nov 26, 2017
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In a rare bipartisan moment, Congress overwhelmingly passed and the President signed into law on October 25 the Family Farmer Bankruptcy Clarification Act of 2017. This legislation makes it easier for family farmers to reorganize under Chapter 12. This is also good news for agricultural creditors who may now receive...

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