Bankruptcy Law News and Insights

What Not To Believe About Chapter 11

Published: Oct 06, 2023
|
"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...

Read More

Sixth Circuit: Equitable Mootness Does Not Bar An Appeal In A Chapter 7 Case

Published: Oct 02, 2023
|
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...

Read More

Getting Compensation After A Bank Bailout: Lessons From A Decade Of SNS Litigation

Published: Sep 25, 2023
|
In Short: The Situation: After the nationalization of the Dutch SNS banking and insurance group, the Dutch Minister of Finance offered zero compensation to expropriated bondholders. The Result: Ten years after the nationalization, the Dutch Supreme Court confirmed compensation awards totaling approximately €1 billion including accrued interest. Looking Ahead: The SNS case provides...

Read More
Go to Top