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Creditors Precluded from Collaterally Pursuing Claims Against Third Party/Guarantor, if Treated/Released in Confirmed Re-Org Plan

  In New Falls Corp. v. LaHaye (In re LaHaye), No. 19-30795 (5th Cir. Nov. 12, 2021), the Fifth Circuit Court of Appeals prevented a secured lender from pursuing individual guarantors on a claim that had been partially released in [...]

By |2022-05-18T08:45:52-05:00May 18, 2022|Bankruptcy|

A Guide on How to Avoid a Clawback of a Settlement Payment of Securities

  Discussing:  Holliday v. Credit Suisse Securities (USA) LLC, No. 20-5404 (S.D.N.Y. Sept. 13, 2021) Subject to certain defenses, in a bankruptcy proceeding, transfers made to a creditor within 90 days of the transferor filing bankruptcy can be clawed back [...]

By |2022-02-09T12:26:53-06:00February 9, 2022|Bankruptcy, Practice|

Classifying Claims in a Plan of Reorganization – Creating an Accepting Class

  Section 1122(a) of the Bankruptcy Code provides that “a plan may place a claim … in a particular class only if such claim … is substantially similar to the other claims … of such class.” Among other things, Section [...]

By |2022-01-19T13:43:23-06:00January 19, 2022|Bankruptcy, Practice|

Circumstances Justifying the Dischargeability of Student Loans Under the Bankruptcy Code

re: Homaidan v. Sallie Mae, Inc., et al., No. 20-1981 (2d Cir. July 15, 2021) Generally speaking, student loans are extremely difficult to discharge in bankruptcy even under dire circumstances when guaranteed by a government unit or a non-profit [...]

By |2021-11-12T09:23:47-06:00November 12, 2021|Bankruptcy|

Recent Fifth Circuit Case Gives Lender Green Light to Change Management

  The Fifth Circuit Court of Appeals recently upheld a lower court ruling permitting a lender to change management pursuant to a negotiated agreement notwithstanding the debtor’s allegation that it was only under duress that it permitted the lender to [...]

By |2021-11-18T13:44:42-06:00September 20, 2021|Bankruptcy, Practice|
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