The Legal Intelligencer | Commentary
By Alexis Leventhal, Richard Tannenbaum and Victoria Smith | June 29, 2023
Article 9 of the Uniform Commercial Code (UCC) governs secured transactions, and Part 6 of this article governs the rights and duties of the parties in the event of default. In the event of default by a debtor, a secured party may repossess the collateral and dispose of it through a sale, lease, license, or other form of disposition.
Delaware Business Court Insider | News
By Colleen Murphy | June 16, 2023
"It is black letter law in this Circuit that the gold standard for determining the value of an asset is to sell it in an open and fair market," stated U.S. Bankruptcy Judge Brendan Linehan Shannon. "A thing is worth what a willing buyer will pay to a willing seller following a proper marketing process.
Delaware Business Court Insider | Commentary
By Robert B. Greco | June 14, 2023
A recent opinion from the U.S. Bankruptcy Court for the District of Delaware, In re CII Parent, provides helpful guidance on drafting proxies and highlights potential pitfalls for the unwary, including in relation to the proxyholder's power to execute and deliver stockholder consents.
Delaware Business Court Insider | News
By Ellen Bardash | June 9, 2023
U.S. Bankruptcy Judge John T. Dorsey of the District of Delaware said at the end of a hearing Friday that the decision is consistent with his goal of prioritizing creditors as the Chapter 11 process continues.
Delaware Business Court Insider | News
By Ellen Bardash | June 8, 2023
Liquidators said ssues with identifying FTX assets are governed by the laws of the Bahamas, England, and Antigua and Barbuda, and need to be addressed before the company is wound down.
By Ellen Bardash | May 30, 2023
It's a clash between the FTX companies, which secured a favorable ruling in February when U.S. Bankruptcy Court Judge John T. Dorsey ruled from the bench that the case doesn't require multiple investigations, and the U.S. Trustee's Office, which has consistently said the matter needs an investigator further removed from FTX.
By Brian Wanat | May 24, 2023
Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.
New York Law Journal | Analysis
By Edward E. Neiger | May 19, 2023
This issue of the Bankruptcy Update focuses on recent filings by Bed Bath & Beyond, David's Bridal and Christmas Tree Shops as the wave of retail sector bankruptcies intensifies.
Delaware Business Court Insider
By Dan Roe | May 3, 2023
COVID-era pauses on evictions and moratoriums ultimately brought Chicago's largest consumer bankruptcy firm to a Delaware court for its own Chapter 11 filing.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | May 3, 2023
The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
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