Corinne Ball

October 26, 2022 | New York Law Journal

A recent decision underscores that the focus of the business judgment rule with respect to a debtor is the impact on the estate, including the decision to sell its assets and permit the purchaser to designate leases for assumption.

By Corinne Ball

12 minute read

August 24, 2022 | New York Law Journal

The Bankruptcy Court for the Southern District of New York recently recognized a scheme of arrangement sanctioned by a court in the Cayman Islands, the debtor's place of incorporation, even though the debtor conducts substantially all of its business operations in the People's Republic of China.

By Corinne Ball

13 minute read

June 22, 2022 | New York Law Journal

The Third Circuit confirmed that §327 governs retention of counsel. Moreover, it determined that a review of potential conflicts is committed to the discretion of the bankruptcy court and stated that the analysis on review includes whether the bankruptcy court appropriately exercised its discretion in determining that disqualification was not a fitting remedy in the circumstance.

By Corinne Ball

9 minute read

April 27, 2022 | New York Law Journal

The Seventh Circuit's opinion stands as a strong reminder that notice and a meaningful opportunity to be heard are key underpinnings of the bankruptcy system.

By Corinne Ball

10 minute read

February 23, 2022 | New York Law Journal

In a rare appellate per curiam decision, the U.S. Court of Appeals for the Fifth Circuit denied a writ of mandamus seeking a stay pending appeal, yet addresses the "unnecessary and likely incorrect" interpretation of the relationship between §§363 and 365 of the Bankruptcy Code by the district court and the bankruptcy court.

By Corinne Ball

8 minute read

December 22, 2021 | New York Law Journal

The court ruled that the shareholder releases that formed the basis of a settlement that led to the debtor's plan of reorganization exceeded the scope of the bankruptcy court's statutory authority by releasing direct causes of action owned by nonconsenting creditors against non-debtors.

By Corinne Ball

13 minute read

October 27, 2021 | New York Law Journal

Although four cases presenting important bankruptcy issues were teed up for the court's consideration this term, the court denied certiorari for each. A fifth bankruptcy-related certiorari petition remains pending and may still be taken up this term.  

By Corinne Ball

9 minute read

August 25, 2021 | New York Law Journal

In this edition of her Distress Mergers and Acquisitions column, Corinne Ball discusses a Fifth Circuit decision that highlights the nearly insurmountable barrier that statutory mootness poses to meaningful appellate review of approved bankruptcy sales and emphasizes the strong bankruptcy policy of ensuring finality of sales.

By Corinne Ball

9 minute read

June 23, 2021 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent decision in 'Davis v. State of California (In re Venoco)', which is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.

By Corinne Ball

8 minute read

April 21, 2021 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses recent rulings from the Bankruptcy Court for the District of Delaware, which highlight the risk of relying on the "two hats" doctrine to protect attorney-client privilege covering communications involving shared personnel.

By Corinne Ball

7 minute read