Fifth Circuit Holds Avoidance Actions Can Be Sold

Joining the Eighth and Ninth Circuit Courts of Appeals, the Fifth Circuit Court of Appeals recently held that a debtor or trustee can sell its avoidance actions to third-party, non-estate representatives.   See Briar Capital Working Fund Capital, L.L.C. v. Remmert (In re South Coast Supply Company), No. 22-20536 (5th Cir. Jan. 22, 2024) (Dennis, J).  […]

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by H. Joseph Acosta, Esq.

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, […]

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by H. Joseph Acosta, Esq.