Creditors Catch a Break on Preference Actions and the New Value Defense – Re: Claims for 20-Day Shipments

  When a debtor receives a shipment of goods within 20 days before the date it files bankruptcy and has failed to pay for said shipment prior to the bankruptcy filing, the creditor is entitled to an administrative claim, which [...]

By |2023-05-15T14:53:48-05:00May 15, 2023|Bankruptcy|

The Texas Two-Step is Alive and Well…But a Judge Dismissed the J&J Bankruptcy Absent Financial Distress

  Remember the Texas Two-Step?  Well, it is alive and well, but lessons can be learned from the dismissal of the LTL Management, LLC bankruptcy.   Background (Bill Siegel first discussed this J&J litigation, the “Texas Two-Step,” and how a [...]

By |2023-02-16T09:42:28-06:00February 16, 2023|Bankruptcy, Commercial Litigation|

Are Lessees Entitled to Protection Upon a Bankruptcy Court-Approved Sale of Property Free and Clear? Yes, Under Certain Circumstances

In In re Royal St. Bistro, LLC, 26 F.4th 326 (5th Cir. 2022), the U.S. Court of Appeals for the Fifth Circuit recognized the rights of lessees when the debtor sells an asset free and clear of all liens, [...]

By |2023-02-07T15:58:36-06:00February 7, 2023|Bankruptcy|
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