Bankruptcy Law News and Insights

A recent California Bankruptcy Court decision, Love v. U.S. (In re Love), contributes to the body of law on the discharge of student loan debt as we have examined in a series of prior client alerts. Love v. U.S. (In re Love), No. 19-20532-C-7, 2023 WL 2787295 (Bankr. E.D. Cal. April 5, 2023). A...

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In Short The Situation: The U.S. Supreme Court considered whether § 363(m) of the Bankruptcy Code, which limits a party's ability to undo an asset transfer made to a good-faith purchaser in a bankruptcy case, is jurisdictional. The Result: The Supreme Court ruled that § 363(m) is not jurisdictional, so a litigant...

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ASSIGNMENTS FOR THE BENEFIT OF CREDITORS An Alternative to Chapter 11 and Chapter 7 Liquidations Distressed companies faced with unlikely prospects for reorganization often take advantage of the liquidation option via bankruptcy, where the debtor's assets can be sold free and clear of all liens, claims, and encumbrances. In a...

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