DailyDAC
Share this...

Business Law & Litigation

The Preference Wave Is Coming- What Vendors Should Do Now

If you sold goods or services to a customer that filed Chapter 11 in the last two years, the window to prepare is right now. It closes the day the demand letter arrives.

Read More

DOJ Revives Rare ‘Financial Kingpin’ Statute in Expanded Prosecution of Tricolor Founder

'Financial Kingpin' Statute

Unsealing a superseding eight-count indictment on 6/24, the DOJ has revived the ‘Financial Kingpin’ statute in its prosecution of Tricolor Founder.

Read More

Debtor Eligibility for Subchapter V and Chapter 13 Expected to Rise

A bipartisan bill would raise debt limits for Subchapter V and Chapter 13 bankruptcies, expanding access to lower-cost reorganization options.

Read More

How To Defend Against Bankruptcy Avoidance Actions

Bankruptcy Avoidance Actions

Understanding bankruptcy avoidance actions and the defenses available can make a significant difference for companies facing litigation exposure.

Read More

Purdue Stops at the Border? Chapter 15 and Foreign Plan Releases

Purdue Stops at the Border? Chapter 15 and Foreign Plan Releases

The post-Purdue lesson is that the enforceability of a third-party release may depend not only on what the release says, but on where and how it was approved.

Read More

Fourth Circuit Holds That “Contingent” Proof of Claim Did Not Trigger Statute of Limitations to Collect Withdrawal Liability

“Contingent” Proof of Claim

A recent Fourth Circuit decision is instructive for multiemployer plans and the employers that contribute to them when there is a bankruptcy filing.

Read More

HERTZ After Cert Denial: Make-Wholes, Solvent Debtors, and the Reach of § 502(b)(2)

HERTZ After Cert Denial

The Supreme Court’s recent decision in the Hertz case underscores that a solvent debtor cannot have it both ways.

Read More

Foreign Third-Party Releases Survive Purdue Pharma, At Least in Chapter 15

Foreign Third-Party Releases

A nonconsensual third-party release approved by a Mexican court can be enforced in the United States under Chapter 15 of the Bankruptcy Code.

Read More

Insider Lease Agreements: When Smart Structuring Crosses the Ethical Line

Insider Lease Agreements

When financial distress emerges and a bankruptcy filing follows, insider lease agreements are subject to close review and scrutiny by the court.

Read More
>