Option III – Structured Bankruptcy Dismissals are Alive and Well Even After Jevic

Intro Justice Breyer of the Supreme Court previously recognized that a chapter 11 bankruptcy case can generally lead to the following results: reorganization through a confirmed chapter 11 plan, where a deal with creditors can be achieved; conversion of the the case to chapter 7, where no deal with creditors can be achieved; and dismissal… Continue reading Option III – Structured Bankruptcy Dismissals are Alive and Well Even After Jevic

Dynegy Inc. Files For Chapter 11 Bankruptcy Protection

Dynegy Inc. (DYN: News ) said it filed a voluntary petition to reorganize under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York, Poughkeepsie Division. The Chapter 11 case of Dynegy’s wholly-owned subsidiary, Dynegy Holdings, LLC is pending in the same court. Among other things, the… Continue reading Dynegy Inc. Files For Chapter 11 Bankruptcy Protection

N.Y. Court Finds Lack of Jurisdiction in Fraudulent Transfer Suit

In Mark S. Kirschner v. John D. Goglia, et al., Case No. 11 Civ. 08250-JSR (S.D.N.Y. May 9, 2012), the United States District Court for the Southern District of New York granted a motion to withdraw the reference by defendants in an adversary proceeding commenced by the trustee in the Refco bankruptcy case, asserting fraudulent conveyance… Continue reading N.Y. Court Finds Lack of Jurisdiction in Fraudulent Transfer Suit