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When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor's property. 11 U.S.C. § 362(a). The stay centralizes litigation regarding the debtor and its property in the debtor's bankruptcy case. When contract entered into pre-bankruptcy contains an arbitration clause, a bankruptcy court will consider if the stay should be enforced or if the parties can resolve the matter in arbitration. In In re Argon Credit, [...]

In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of Appeals for the Fifth Circuit held that bankruptcy courts have flexibility in selecting the date on which to value collateral, "so long as the bankruptcy court takes into account the purpose of the valuation and the proposed use or disposition of the collateral at issue." In so holding, the Fifth Circuit rejected the proposition that a bankruptcy [...]

Milbank, Tweed, Hadley & McCloy LLP recently secured a dismissal of an appeal seeking to undo the confirmed $1.2 billion chapter 11 bankruptcy plans that its client JD Holdings, L.L.C. put forward for over 70 debtors affiliated with John Q. Hammons Hotels and Resorts. The appeal was dismissed on the equitable mootness grounds argued by Milbank. JD Holdings was the largest creditor in the billion-dollar bankruptcy case, and as a result of the confirmation of [...]