Bankruptcy Law News and Insights

Creditors of distressed businesses are often frustrated by shareholder-controlled boards when directors pursue strategies that appear to be designed to benefit shareholders at the creditors' expense. In these circumstances, creditors might consider sending a letter to the board to convince the directors to pivot and adopt alternative strategies or face...

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The automatic stay triggered by a bankruptcy filing may protect the debtor's residence even if the debtor does not own the property, according to a recent decision from a New York-based federal appeals court. In a case of first impression decided in July 2022, the Second Circuit set a bright-line...

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On June 27, 2022, the U.S. Supreme Court granted certiorari in MOAC Mall Holdings LLC v. Transform Holdco LLC (21-1270) to resolve a Circuit split over whether section 363(m) of the Bankruptcy Code limits appellate jurisdiction over bankruptcy sale orders or simply limits the appellant's remedies on such appeals. Given the now...

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