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National Law Journal

US Supreme Court Won't Review Controversial Bankruptcy Doctrine

The news Tuesday comes as "equitable mootness" takes center stage in New York over Purdue Pharma's recently approved Chapter 11 plan.
3 minute read

The Legal Intelligencer

Avoidance Powers Cannot Be Used to Generate Windfalls for Debtors

The Bankruptcy Code confers upon debtors or trustees, as the case may be, the power to avoid certain preferential or fraudulent transfers made to creditors within prescribed guidelines and limitations.
9 minute read

New York Law Journal

Developments in Purdue, Boy Scouts, CPAP and Tony Lazzaro Sex Trafficking

In this edition of their quarterly Mass Tort Update, Edward E. Neiger and David Stern report on the Purdue bankruptcy, the Boy Scouts of America bankruptcy, the Phillips Respironics CPAPs recall, and Tony Lazzaro sexual abuse.
7 minute read

New York Law Journal

Why Can't I Pursue My Fraudulent Transfer Action After the Debtor Files Bankruptcy (and Other Interesting Tidbits)

Why can't a creditor pursue its state law fraudulent transfer rights against a non-debtor? As we will see, the underlying reasoning for this proposition is subject to some disagreement, and can lead to some interesting questions.
8 minute read

International Edition

Kirkland, KWM on Evergrande Group's 'Lehman Scale' Crisis

Top law firms are already working on various aspects of Evergrande's debt crisis. And the long list of antsy creditors will need to move quickly in order to secure proper legal representation before preferred advisers are conflicted out.
5 minute read

New York Law Journal

Corporate Restructuring & Bankruptcy

In this Special Report: "Shining a Light on Structured Dismissals," "Navigating Preference Actions in Retail Industry Restructurings," "Understanding When the Bankruptcy Stay Keeps the Government at Bay," "Congress Seeks To Restrict Nondebtor Releases in New Bankruptcy Reform Bill" and "Subchapter V Bankruptcy for Middle Market Debtors."
2 minute read

New York Law Journal

'Simply a Delay'?: Decline in New Bankruptcy Filings Has Hit Law Firms During the Pandemic

A new report said that more than 291,000 new bankruptcy cases were filed across all chapters through the first eight months of 2021. That represents a 26.3% decline from the same period a year prior, the report authors said.
3 minute read

Connecticut Law Tribune

Connecticut AG Tong Appeals Purdue Pharma's Proposed $4.5 Billion Bankruptcy Settlement

Connecticut Attorney General William Tong filed a formal notice Friday afternoon.
3 minute read

New York Law Journal

Subchapter V Bankruptcy for Middle Market Debtors

Despite its formal name—the Small Business Reorganization Act—the statute colloquially known as "Subchapter V" may offer a streamlined reorganization vehicle for some middle market companies.
8 minute read

New York Law Journal

Navigating Preference Actions in Retail Industry Restructurings

In charting one's course through bankruptcy proceedings, there are specific pitfalls and considerations that debtors, creditors, and their legal and financial advisors should be aware of and approach carefully when preference actions are involved.
8 minute read

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