Section 553 of the Bankruptcy Code provides that, with certain exceptions, the Bankruptcy Code "does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor ...
A handful of recent high-profile court rulings have considered whether a chapter 11 debtor is obligated to pay postpetition, pre-effective date interest ("pendency interest") to unsecured creditors to ...
Last week, an appellate court in California ruled on the issue of whether a bankruptcy court decision allowing a claim would be given res judicata effect even if the bankruptcy case was later ...
In the recent case of Phillips v. Josmic 2 (In re ONH AFC CS Investors), the U.S. Bankruptcy Court for the District of Delaware examined the issue of standing in the context of a fraudulent conveyance ...
After two failed attempts, Johnson & Johnson is again seeking to use bankruptcy court to end mass lawsuits linking its talc-based baby powder to cancer. In a Sept. 20 announcement, the New ...
Typically, in bankruptcy proceedings a creditor must return payments made shortly before the debtor filed for bankruptcy. At Monday’s argument in United States v. Miller, the justices were asked to ...
The Iowa Department of Agriculture and Land Stewardship said farmers have 120 days to file for indemnity if they had unpaid ...
Three Arrows Capital liquidators seek to revise their claim against FTX from $120 million to $1.53 billion, citing improper liquidation of 3AC assets. Liquidators of the defunct crypto hedge fund ...
A federal bankruptcy judge has approved the terms of a $20 million settlement that will benefit former Bitwise Industries employees who abruptly lost their jobs when the Fresno-based technology ...
Bethany D. Simmons and Noah Weingarten of Loeb & Loeb LLP examine a bankruptcy court ruling that interprets lease ...
Iowa farmers who sold grain before Nov. 17 to Hansen-Mueller Co., an Omaha business that has filed for Chapter 11 bankruptcy protection, may file a claim with the state indemnity fund to recoup some ...
Before the dockless electric scooter company Bird pulled out of San Diego last November, it had agreed as part of its operating contract to indemnify and insure the city for injury claims related to ...