Whether there is change in collateral or a serial number is listed incorrectly, errors in collateral descriptions can lead to expensive disputes.

Revisiting the TOUSA Case Ruling on Fraudulent Transfers One of the most powerful tools in the Bankruptcy Code available to bankruptcy trustees, or other estate representatives, to maximize creditors’ recovery is the power to avoid and recover fraudulent transfers of a debtor’s property. These include transfers that are made or obligations that are incurred by a debtor: “With the actual intent to hinder, delay or defraud creditors” (§ 548(a)(1)(A)); or “Constructively fraudulent transfers, i.e., transfers made or obligations incurred for which the debtor receives less than reasonably equivalent value, that are made […]

Chapter 15 bankruptcies can reach across international borders, and as such, US bankruptcy courts may need to be involved to resolve claims.

In a Delaware assignment for the benefit of creditors case, court approval is not required for a sale, but, time, money, and preference can factor.

A supplier to a potentially bankrupt retailer can mitigate losses by invoking the right to suspend delivery, demanding adequate assurance, and more.

It is important to be aware of the financial and legal risks of bankruptcy claims trading.

Although commonly used interchangeably, recharacterization and equitable subordination have different purposes and effects on order of priority of claims.

Editors’ Note: DailyDAC makes occasional exceptions to its general policy of publishing only original content when its editors determine an article to be timely, excellent, and of great potential value to its their audience. This article, originally published by Schulte Roth & Zabel as a client alert on January 12th is such an article. We thank the firm for its permission to reprint it here. Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York issued a ruling last month in the Celsius Network bankruptcy […]

A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured to unsecured, to bankruptcy and trade. Read all the basics in this installment of Dealing with Corporate Distress. This Installment covers how to protect you claim in a bankruptcy case.

What are the legal remedies available under Article 9 of the UCC to a lender whose loan is secured by the personal property of a borrower who is in default? How can these legal remedies can be implemented in practice?