Corinne Ball, with Jones Day. Courtesy photo Texas Bankruptcy Court Holds Code Overrides State Law on Expulsion
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent case "In re Envision Healthcare Corp," where the Bankruptcy Court for the Southern District of Texas confronted an apparent conflict between applicable Delaware law and the Bankruptcy Code, determining that the Bankruptcy Code overrides state law and protects a debtor from expulsion by its fellow LLC members.
December 27, 2023 at 10:00 AM
12 minute read
Bankruptcy
The Bankruptcy Court for the Southern District of Texas recently confronted an apparent conflict between applicable Delaware law and the Bankruptcy Code, determining that the Bankruptcy Code overrides state law and protects the debtor from expulsion by its fellow LLC members. In re Envision Healthcare Corp., No. 23-90342, 2023 WL 8607444, at *1 (Bankr. S.D. Tex. Dec. 12, 2023).
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