Lawrence J Kotler

September 28, 2023 | The Legal Intelligencer

In In re Simply Essentials, the U.S. Court of Appeals for the Eighth Circuit (the Eighth Circuit) affirmed a bankruptcy court's ruling that avoidance actions constitute salable property of the debtor's bankruptcy estate.

By Lawrence J. Kotler and Malcolm Bates

6 minute read

August 10, 2023 | The Legal Intelligencer

The Bankruptcy Court thoroughly examined this issue and found that the "upload" time of a bankruptcy filing—and not the time physically "stamped" on a bankruptcy petition—determines when a case is commenced. In doing so, the Bankruptcy Court offered direction and guidelines that debtors and creditors will be well advised to observe in future cases.

By Lawrence J. Kotler, Esq., and Drew S. McGehrin

8 minute read

May 18, 2023 | The Legal Intelligencer

In a matter of first impression not yet addressed by any circuit court, the U.S. Court of Appeals for the Fourth Circuit in the case of Cantwell-Cleary v. Cleary Packaging (In re Cleary Packaging), 36 F.4th 509 (4th Cir. 2022) addressed whether the discharge exceptions under Section 523(a) apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.

By Lawrence J. Kotler and Elisa Hyder

9 minute read

April 12, 2023 | Delaware Business Court Insider

In a recent decision in the case of SC SJ Holdings v. Pillsbury Winthrop Shaw Pittman (In re SC SJ Holdings), Civil Action No., 22-00689 (MN), the U.S. District Court for the District of Delaware (the court) affirmed a May 12, 2012, decision of the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court) denying the debtors' motion for relief from certain releases contained in their confirmed plan (the plan).

By Lawrence J. Kotler

6 minute read

March 27, 2023 | The Legal Intelligencer

In a recently published decision, In re Masingale, 644 B.R. 530 (9th Cir. BAP 2022), the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit (the BAP) held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property, including post-petition appreciation.

By Lawrence J. Kotler and Geoffrey A. Heaton

8 minute read

February 09, 2023 | The Legal Intelligencer

In a recent decision, In re HONX, No 22-90035 (Bankr. S.D. Tex. Dec. 28, 2022), the U.S. Bankruptcy Court for the Southern District of Texas (the court) addressed whether a debtor that has no independent assets or ongoing business operations can reorganize under Chapter 11 in good faith.

By Lawrence J. Kotler and Roxanne J. Indelicato

7 minute read

September 28, 2022 | Delaware Business Court Insider

Recently, in RC JRV Trust v. Barnes & Thornburg (In re JRV Group USA), No. 19-11095 (KBO), 2022 WL 3646288, at *1 (D. Del. Aug. 24, 2022), the U.S. District Court for the District of Delaware granted, in part, a motion for leave to appeal an interlocutory order of the U.S. Bankruptcy Court for the District of Delaware filed by the defendant, Barnes & Thornburg.

By Lawrence J. Kotler

8 minute read

October 13, 2021 | Delaware Business Court Insider

Recently, the U.S. Bankruptcy Court for the District of Delaware issued a memorandum opinion in support of oral ruling pursuant to Local Bankruptcy 8003-2, granting the motion of Robert Weinstein for entry of an order enforcing the sale order and granting related relief.

By Lawrence J. Kotler

8 minute read

September 08, 2021 | Delaware Business Court Insider

The U.S. Bankruptcy Court for the District of Delaware addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.

By Lawrence J. Kotler

6 minute read

October 07, 2020 | Delaware Business Court Insider

In Woodbridge Wind-Down Entity v. Monsoon Blockchain Storage (In re Woodbridge Group of Companies), the U.S. Bankruptcy Court for the District of Delaware addressed the issue of when an arbitration provision should be enforced in connection with post-petition contracts entered into by and between a debtor and a counterparty.

By Lawrence J. Kotler and Elisa Hyder

8 minute read