Bankruptcy Law News and Insights

As many in the trade are well aware, Chapter 11 debtors frequently seek bankruptcy court approval to pay the prepetition claims of vendors the debtor has deemed critical to the continued operation of its business and success of its Chapter 11 case. Debtors seek this relief based, in part, on...

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In Svenhard's Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer's withdrawal liability to a multiemployer pension fund was not an executory contract that could be assumed and assigned to a...

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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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