Recent Delaware case law clarifies that secured creditors do not lose priority by inaction after default, favoring the “trace and recapture” approach. The court emphasized that rights depend on the ...
Many single asset real estate (SARE) bankruptcies will check some or all of the boxes for a bad faith filing. Nevertheless, courts may be reluctant to dispose of these cases as bad faith filings, ...
Liquidation involves selling a company’s assets to pay off creditors when the business becomes insolvent. Under U.S. Bankruptcy Code Section 507, creditor claims are settled in a specific order, with ...
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