Weinstein Case Demonstrates Difficulties in Following Complex Bankruptcy Sales

Intro Everyone is likely familiar with the chapter 11 bankruptcy of The Weinstein Company (“”TWC“), an former film and production studio that previously produced and distributed featured films and premium television content internationally.  On March 19, 2018 (the “Petition Date“), TWC was forced to file bankruptcy following numerous claims of private misconduct against its co-founder,… Continue reading Weinstein Case Demonstrates Difficulties in Following Complex Bankruptcy Sales

New Mexico Court Reminds that Prosecuting Prepetition Claims in Bankruptcy May Still Violate the Automatic Stay

There is more than one way that a creditor of a bankrupt entity (or debtor) can directly prosecute its claims in bankruptcy.  If the creditor is involved in prepetition litigation with the debtor, it could request relief from the automatic stay to continue liquidating its claim against the debtor in a non-bankruptcy forum, pursuant to… Continue reading New Mexico Court Reminds that Prosecuting Prepetition Claims in Bankruptcy May Still Violate the Automatic Stay

2020 RECAP: CORPORATE RESTRUCTURING REVIEW (CRR)

INTRODUCTION Amidst a global pandemic, there were plenty of interesting bankruptcy and restructuring events and changes that occurred in 2020.  We saw new Bankruptcy Code amendments go into effect (through the Small Business Reorganization Act of 2019), a government bailout in excess of $2.3 trillion (through the CARES Act), many life-long retailers on the brink… Continue reading 2020 RECAP: CORPORATE RESTRUCTURING REVIEW (CRR)

Bankruptcy Topics in Distressed Real Estate

Introduction Bankruptcy cases involving commercial real estate present a multitude of problems. Those problems typically arise in the context of voluntary cases filed under chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1532, and involve a dispute between the business debtor and its mortgage lender. As such, this Paper focuses primarily on chapter 11… Continue reading Bankruptcy Topics in Distressed Real Estate

Alternatives for Managing Distress in the Oil Patch

Introduction According to the U.S. Energy Information Administration (EIA), the United States (U.S.) regular gasoline retail price as of the Monday before Labor Day fell to $2.22 per gallon this year, the lowest level for this time of year since 2004. The EIA concludes that U.S. gasoline prices are relatively low because of continued low… Continue reading Alternatives for Managing Distress in the Oil Patch

Why Avoidance Actions Are Difficult to Dismiss by a Rule 12(b)(6) Motion

Online money transfer concept. Businessman transfers money through a mobile app anywhere in the world. Mobile money transfer isometric vector illustration. Global payment system. Online banking.

Traditional avoidance actions under the Bankruptcy Code, i.e., preferences and fraudulent transfers, have laudable goals: (a) to provide equal treatment to creditors of an insolvent company and (b) to claw back otherwise unavailable assets for the benefit of creditors.  It is no wonder then that the governing provisions of the Bankruptcy Code and applicable state… Continue reading Why Avoidance Actions Are Difficult to Dismiss by a Rule 12(b)(6) Motion