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Diligence Deferred Is A Transfer Denied
Buyer first argued that the anti-assignment clause could not invalidate the transfer as a matter of Delaware law.
United States
17 Jun 2019
2
Ninth Circuit Holds Protecting A Claim To Its Fullest Extent Is Not Evidence Of Bad Faith
The Ninth Circuit Court of Appeals recently held that a secured creditor's purchase of general unsecured claims to block confirmation of a Chapter 11 plan did not in itself constitute bad faith.
United States
14 Jun 2019
3
Plaintiffs Cannot Claim Creditor Status Retroactively
The Fifth Circuit Court of Appeals reminded the plaintiff that standing is "determined as of the commencement of the suit" and post filing claims purchases will not suffice to establish standing.
United States
14 Jun 2019
4
Overview And Analysis Of Select Provisions Of The ABI Chapter 11 Reform Commission Final Report And Recommendations
Generally, a third-party release provision in a plan extinguishes identified non-debtor parties from liability for claims or causes of action that third-parties may hold against them.
United States
15 May 2015
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