Bankruptcy Law News and Insights

In his latest article for The Bankruptcy Strategist,titled "Dip Financing and Liens On Avoidance Actions," Schulte Roth & Zabel of counsel Michael L. Cook discusses the Eight Circuit's recent decision in In re Simply Essentials, LLC. The Eighth Circuit held that "avoidance actions [e.g., preferences, fraudulent transfers] can be sold as property...

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"Don't worry about extending credit to the debtor during Chapter 11. You'll have an administrative claim." True but not fully. Claims that arise during the bankruptcy case from goods or service received by the debtor during bankruptcy have an administrative claim. But it is the rule that a lender to...

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The court-fashioned doctrine of "equitable mootness" has frequently been applied to bar appeals of bankruptcy court orders under circumstances where reversal or modification of an order could jeopardize, for example, the implementation of a negotiated chapter 11 plan or related agreements and upset the expectations of third parties who have...

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