An admitted campaign by the Office of the United States Trustee to bar indemnity and exculpation provisions in retention agreements for financial advisors hired by trustees, debtors and committees is yielding some results in recent reported decisions.
Committees
Section 1146(c) of the Code provides that delivery of an instrument of transfer (such as a bill of sale or deed) “under a plan confirmed under §1129 of this title, may not be taxed under any law imposing a stamp tax or similar tax.” In some jurisdictions, courts includ
ABI’s Business Reorganization Committee will present a program at the Winter Leadership Conference in Tucson, Ariz., entitled “Emerging Issues In Hospitality, Entertainment Venue and Gaming Bankruptcies.” Panelists include Rudy J.
Under §722 of the U.S. Bankruptcy Code, a debtor may redeem collateral from a lien by paying the secured creditor, in a lump sum, the value of the collateral. An increasing number of debtors have been obtaining loans to “redeem” collateral in chapter 7 cases.
Recently, several bankruptcy courts have reviewed the issue of whether a chapter 13 plan containing a provision requiring the release of a lien if the allowed secured claim has been paid in full prior to the completion of the chapter 13 plan may be confirmed. In re
An admitted campaign by the Office of the United States Trustee to bar indemnity and exculpation provisions in retention agreements for financial advisors hired by trustees, debtors and committees is yielding some results in recent reported decisions.
Section 1146(c) of the Code provides that delivery of an instrument of transfer (such as a bill of sale or deed) “under a plan confirmed under §1129 of this title, may not be taxed under any law imposing a stamp tax or similar tax.” In some jurisdictions, courts includ
A problem that continues to divide the courts is what, if any, assets are in the chapter 7 estate when a chapter 11 case is converted to a chapter 7 case after confirmation of a plan of reorganization in the chapter 11 case.
Imagine yourself representing former insiders of a chapter 11 debtor in an adversary proceeding charging your clients with breach of fiduciary duties.