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Authority Given to Committee to Sue the Sacklers: Purdue Opinion Reaffirms the Use of Derivative Standing by Creditor Committees
A decision in the Purdue Pharma1 bankruptcy reinforces a cornerstone of bankruptcy jurisprudence: the longstanding authority of bankruptcy courts to grant derivative standing to official committees of unsecured creditors. Faced with a motion…
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Pleading Standard for Preferential and Fraudulent Transfer Claims
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 ArticleSecond Circuit Protects Multi-Step Recapitalization Under Bankruptcy Safe Harbor
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 ArticleBankruptcy Court Ruling Caps Landlord Claims in Bankruptcy for Debtors and Debtor-Guarantors
Bankruptcy Court Ruling Caps Landlord Claims in Bankruptcy for Debtors and Debtor-Guarantors. Lincoln Triangle Comm. Holding Co. v. Halperin (In re Cortlandt Liquidating LLC), 658 B.R.…
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