Bankruptcy

Discussions
gatekeeper provision

The Fall of the Gatekeeper Provision: Fifth Circuit Determines No Broader Than Exculpation

By Charles M. Rubio / March 25, 2025

In its March 2025 decision in Highland Capital Management, the Fifth Circuit has drawn a bright line: gatekeeper provisions in Chapter 11 plans must be coextensive…

READ DISCUSSION
convergeone equitable mootness

When Does Equitable Mootness Fall Short?

By Charles M. Rubio / December 5, 2024

Lessons from In re ConvergeOne Holdings, Inc. The Southern District of Texas recently tackled the complex doctrine of equitable mootness in the bankruptcy appeal of In…

READ DISCUSSION
Preferential & Fraudulent Transfer Claims

Pleading Standard for Preferential and Fraudulent Transfer Claims

By Lenard M. Parkins / November 12, 2024

Delaware Bankruptcy Judge Clarifies the Pleading Standard for Preferential and Fraudulent Transfer Claims Official Committee of Unsecured Creditors v. Nimble Gravity, LLC (In re Pack Liquidating,…

READ DISCUSSION
Recapitalization Under Bankruptcy Safe Harbor

Second Circuit Protects Multi-Step Recapitalization Under Bankruptcy Safe Harbor

By Charles M. Rubio / October 25, 2024

The U.S. Court of Appeals for the Second Circuit has upheld the application of the Bankruptcy Code’s Section 546(e) “safe harbor” provision in the In re…

READ DISCUSSION