February 09, 2024 | The Legal Intelligencer
Third Circuit—Chapter 11 Examiner Appointment Now MandatoryThe now infamous Chapter 11 bankruptcy case of FTX Trading Ltd. (FTX), once a multibillion-dollar cryptocurrency company, has reemerged in a dispute over this very important issue. On appeal, the U.S. Court of Appeals for the Third Circuit recently held that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth.
By Francis J. Lawall and Brenden S. Dahrouge
7 minute read
October 26, 2023 | The Legal Intelligencer
Pre-petition Payment of Insurance Proceeds Triggers Preference RecoveryIn upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.
By Francis J. Lawall and Brenden S. Dahrouge
7 minute read
July 27, 2023 | The Legal Intelligencer
BSA Plan Triggers Denial of Abuse Claims in Rockville Center Diocese Chapter 11Chapter 11 cases involving mass tort and complex personal injury claims often require the resolution of novel legal issues that stretch the bounds of existing precedent. As these cases evolve, they can also impact claims against other debtors unrelated to the case at hand through court-approved injunctions, releases or settlements.
By Francis J. Lawall and Brenden S. Dahrouge
6 minute read
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