Brenden S Dahrouge

Brenden S Dahrouge

February 09, 2024 | The Legal Intelligencer

Third Circuit—Chapter 11 Examiner Appointment Now Mandatory

The 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 Recovery

In 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 11

Chapter 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