Elisa Hyder

September 27, 2024 | The Legal Intelligencer

In the case of Avion Funding v. GFS Industries (In re GFS Industries), the U.S. Court of Appeals for the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.

By Lawrence J. Kotler and Elisa Hyder

7 minute read

March 22, 2024 | The Legal Intelligencer

Small businesses seeking to reorganize should be mindful of this growing area of case law as they weigh their different reorganization options including, importantly, where they choose to reorganize and what type of reorganization chapter they should pursue.

By Lawrence J. Kotler and Elisa Hyder

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

September 29, 2022 | The Legal Intelligencer

Because the debtor's objective was solely to recover title to the property in order to preserve her homestead exemption, and because the relief the debtor sought was not limited to the value of her exemption, the Nealy court held that the debtor could not pursue her requested relief.

By Rudolph J. Di Massa Jr. and Elisa Hyder

7 minute read

November 11, 2021 | The Legal Intelligencer

In Burton v. Maney (In re Burton), 610 B.R. 633 (B.A.P. 9th Cir. 2020), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit…

By Rudolph J. Di Massa Jr. and Elisa Hyder

8 minute read

February 11, 2021 | The Legal Intelligencer

In In re Tribune, 972 F.3d 228 (3d Cir. 2020), the U.S. Court of Appeals for the Third Circuit affirmed the confirmation of Tribune Co.'s Chapter 11 plan. In so doing, the court identified certain principles to be applied when determining whether a plan unfairly discriminates against a dissenting class of creditors.

By Rudolph J. Di Massa Jr. and Elisa Hyder

8 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

May 21, 2020 | The Legal Intelligencer

In In re Palladino, 942 F.3d 55 (1st Cir. 2019), the U.S. Court of Appeals for the First Circuit addressed whether a debtor receives "reasonably equivalent value" in exchange for paying his adult child's college tuition.

By Rudolph J. Di Massa Jr. and Elisa Hyder

7 minute read