October 11, 2022
In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.
September 27, 2022
The automatic stay does not bar increasing authorized shares when the debtor is a minority shareholder.
June 24, 2022
Delaware corporations must have shareholder approval to sell all or substantially all assets outside of bankruptcy.
3rd Circuit , Delaware ,
March 1, 2022
Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.
September 30, 2021
A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.
July 14, 2021
Officers are presumptively disqualified from KERPs, “absent a strong showing that they do not perform any significant role in management,” a district judge in New York says.
June 8, 2021
Recent Supreme Court authority supports the conclusion by Delaware’s Judge Sontchi that law from the jurisdiction of incorporation, not federal common law, determines what is or isn’t a business trust eligible for chapter 11.
3rd Circuit , Delaware ,
January 11, 2021
District judge explains why veil-piercing is easier to prove in Michigan than elsewhere.
January 7, 2021
Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.
December 1, 2020
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.