Bankruptcy Law News and Insights

U.S. Supreme Court Disallows Innocent Partner’s Discharge Of Debt From Partner’s Fraud

Published: Mar 15, 2023
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On February 22, 2023, the United States Supreme Court ("the Supreme Court") issued its Opinion in the matter of Bartenwerfer v. Buckley, No. 21-908, LEXIS 943 (Feb. 22, 2023), holding that per 11 U.S.C. § 523(a)(2)(A), a partnership member is not entitled to discharge a debt incurred by the fraud of...

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ABC: Assignments For The Benefit Of Creditors

Published: Feb 22, 2023
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What's an ABC?  If you ask ChatGPT, “ABC” is an acronym that can have multiple meanings, depending on the context—for example, referring to the alphabet. But here we are talking about a type of business liquidation process in the United States known as an Assignment for the Benefit of Creditors (“ABC”)....

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Distressed Sale Discounts

Published: Feb 08, 2023
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Abstract In restructuring contexts, particularly in relation to Restructuring Plan relevant alternatives and Scheme comparators, it is common to see discounts applied to valuation estimates derived on the basis of the conditions of an orderly sales process. These discounts are often material and consequently can have a significant impact on...

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