Florida Dep't of Revenue v. Piccadilly Cafeterias, Inc. , No. 07-312, 2008 U.S. LEXIS 5025 (June 16, 2008) limits the Bankruptcy Code's transfe ...

In the case of In re Manhattan Investment Fund Ltd. , 2007 U.S. Dist. LEXIS 92194 (Bankr. S.D.N.Y. 2007), the United States District Court for the Southern District of New York o ...

With increasing frequency, financial restructurings are being implemented via a variety of distressed M&A transactions: Section 363 asset sales, Chapter 11 plans, acquisitions in c ...

In a corporate reorganization, the extent to which the first-day orders address certain tax considerations can have enormous impact on the reorganized corporation and i ...

It has long been a controversial practice for a bankruptcy court to enforce a waiver of the automatic stay in a bankruptcy case–especially when the waiver has not been entered into durin ...

The scope of Code section 363(f) remains unclear thirty years after its enactment. The section authorizes a trustee to sell estate assets "free and clear of any interest in such property, ...

May a bankruptcy judge question the presumption that a debtor's place of registration is its centre of main interests if the debtor has met the requirements for recognition of a foreig ...

The courts of appeals do not agree on the standard for issuing an injunction to stay litigation against a nondebtor party. Many lower courts have followed the lead of the Fourth Circuit in gra ...

The courts have not agreed on whether 28 U.S.C.S. § 1412 allows a bankruptcy court to retain jurisdiction of an improperly venued case. The majority of lower courts have held that a court ...

The Eleventh Circuit has ruled that the removal of a chapter 7 trustee is a final, appealable order. In reaching its decision, a matter of first impression within the c ...