Recent News

“Special Circumstances” did not Save a 12 Year Old Involuntary Case

In Popular Auto, Inc. v. Reyes-Colon (In re Reyes-Colon), Nos. 17-1971, 17-1972, 2019 WL 1785039 (1st Cir. April 24, 2019), the First Circuit recently ruled that “special circumstances” does not authorize a bankruptcy court to use its equitable powers to contravene the numerosity… Read More ›

Retailers Beware: Santa Claus is Making a Come Back

Many of us were raised to believe that Santa Claus delivers our gifts before we wake up on Christmas Day.  If you believe, behave, and send your wish list on time, you are virtually certain to receive what you want… Read More ›

Court Denies AMR Union’s Rejection Damages Claims After Abrogation of Collective Bargaining Agreements

In November 2011, AMR Corporation, the parent of American Airlines, filed chapter 11 in the United States Bankruptcy Court for the Southern District of New York.  Through the bankruptcy, which was hugely successful, AMR was able to shed billions of dollars… Read More ›

California Court Grants Relief from Stay to Allow Foreclosure of Marina

The Bankruptcy Court for the Northern District of California recently granted a secured lender’s request for relief from the automatic stay, pursuant to sections 362(d)(1) and (d)(2) of the Bankruptcy Code, to allow a trustee’s sale of the debtor’s marina… Read More ›

Ninth Circuit BAP Denies Retroactive Approval of Postpetition Financing

Section 364(a) of the Bankruptcy Code allows a debtor to incur unsecured debt, like trade debt, in the ordinary course of business.  Section 364(b) of the Code provides, however, that when a debtor plans to incur unsecured debt, like a… Read More ›

Delaware Court Holds Chapter 7 Trustee Can Sell Avoidance Claims

In Claridge Associates, LLC, et al. v. Anthony Schepis (In re Pursuit Capital Management, LLC), Adv. P. No. 16-50083 (LSS) (Bankr. D. Del. Nov. 2, 2018), the Honorable Laurie  Silverstein held that a chapter 7 trustee was authorized to sell… Read More ›