Theresa A Driscoll

August 15, 2024 | Law.com

Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?

By Theresa A. Driscoll

12 minute read

September 11, 2023 | New York Law Journal

In the 45 years since the enactment of the Bankruptcy Code, the Chapter 11 process has been successfully used by companies to address and resolve mass tort liabilities. However, what were once considered legitimate uses of Chapter 11 may now be rejected by bankruptcy courts as bad faith filings.

By Theresa A. Driscoll

8 minute read

December 05, 2018 | New York Law Journal

In a much needed and welcomed bipartisan effort, Sen. Chuck Grassley (R-Iowa) and Sen. Sheldon Whitehouse (D-R.I.) introduced a bill last week that, if approved, would make bankruptcy a more attractive and realistic option for small businesses in financial distress.

By Theresa A. Driscoll

5 minute read

December 07, 2015 | New York Law Journal

Leslie A. Berkoff and Theresa A. Driscoll of Moritt Hock & Hamroff write: The use of expedited 363 sales prior to, or in place of, plan confirmation has generated much debate among the bankruptcy bench, bar and creditor groups. Notwithstanding this debate, however, bankruptcy courts throughout the nation have approved these types of sales in light of competent evidence of deteriorating asset values.

By Leslie A. Berkoff and Theresa A. Driscoll

12 minute read

December 04, 2015 | New York Law Journal

Leslie A. Berkoff and Theresa A. Driscoll of Moritt Hock & Hamroff write: The use of expedited 363 sales prior to, or in place of, plan confirmation has generated much debate among the bankruptcy bench, bar and creditor groups. Notwithstanding this debate, however, bankruptcy courts throughout the nation have approved these types of sales in light of competent evidence of deteriorating asset values.

By Leslie A. Berkoff and Theresa A. Driscoll

12 minute read