Solvent corporations can generally do whatever they like with their assets. Officers and directors only have to account to their shareholders.
Business Reorganization Committee
Committees
Creditors finally have a definitive answer. The Delaware Supreme Court has now held in North American Catholic Educational Programming Foundation Inc v.
Long-standing precedent in the First Circuit had held that claims arising out of stock redemptions, including notes payable to the former shareholders as the consi
While much of the attention on the business side of BAPCPA has been focused on the demise of KERPS, the capping of exclusivity and limitations on extensions of tim
ABI Business Reorganization Committee
The “good-faith filing” doctrine has generated recent precedent and more than a little controversy.
At first blush, the recent decision of the Delaware Bankruptcy Court in In re Fleming Companies, Inc., 2003 WL 23018828 (Bankr. D. Del.
A decision out of the U.S. Bankruptcy Court for the Southern District of New York raises questions about what many have considered to be a routine order in large chapter 11 cases. In In re: Spiegel, Inc., 2003 Bankr.
Two recent Delaware cases illustrate how courts continue to scrutinize so-called “breakup fees” payable to “stalking horse” bidders in bankruptcy sales.
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