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Nondischargeable Debt: Corporate Officer Cannot Hide Behind Corporate Shield on Claim Based on Fraud

[Regarding:  Glencove Holdings, LLC v Bloom (In re Bloom), No. 22-1005 (10th Cir. July 12, 2022)] The Tenth Circuit Court of Appeals recently affirmed the bankruptcy court and bankruptcy appellate panel rulings that a debtor owner and officer of [...]

By |2023-01-12T16:43:53-06:00January 12, 2023|Bankruptcy|

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|
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