Recent Case Law

Supreme Court Upholds Secured Creditor’s Right to Credit Bid

On May 29, 2012, the U.S. Supreme Court decided the well-monitored appeal in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank, where a chapter 11 debtor appealed the ruling of Seventh Circuit Court of Appeals that a debtor may not confirm a… Read More ›

Third Circuit Clarifies Treatment of Future Claims

In Patricia Wright, et al. v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012), the Third Circuit Court of Appeals undertook the challenge of administering unknown future claims in bankruptcy.  Future claims are generally known as claims that only… Read More ›

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… Read More ›

Supreme Court to Tackle Credit Bidding Rights in Chapter 11 Plans

On April 23, 2012, the United States Supreme Court heard oral argument on the issue of whether secured creditors have the absolute right to credit bid their secured claims in sales of encumbered assets pursuant to a chapter 11 plan…. Read More ›

Leading Ice Company Trying to Expand while in Bankruptcy

On April 12, 2012, Reddy Ice filed for chapter 11 bankruptcy in the Northern District of Texas, revealing that it has secured $70 million in debtor-in-posssion financing, which will allow the Company to pay for operating and restructuring costs during its… Read More ›

Fifth Circuit Upholds Fee Award of Debtor’s Counsel Who Received Retainer by Creditor

In Robbye R. Waldron v. Adams & Reese, L.L.P. (In re American International Refinery, Inc.), the Fifth Circuit Court of Appeals recently upheld the fee award to bankruptcy counsel to the debtor, notwithstanding that such counsel was indirectly paid a pre-bankruptcy… Read More ›