Zone of Insolvency

Zone of Insolvency

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Supreme Court: Bankruptcy Code 363(m) does not limit appellate jurisdiction over sale orders

Posted in Uncategorized
On April 19, 2023, the US Supreme Court unanimously held that Section 363(m) of the Bankruptcy Code is not “jurisdictional,” and therefore does not limit a court’s authority to hear an appeal of a bankruptcy sale order (even if it does limit a court’s ability to void the sale itself). This ruling resolves a circuit… Continue Reading

Can restructuring plans strip out third party guarantees?

Posted in Financial Restructuring & Insolvency, UK, Uncategorized
The English High Court has considered whether the new restructuring plan under Part 26A of the Companies Act 2006 (CA 2006) can release claims against third party guarantors. This decision has important implications for guarantors and creditors holding third party security in a restructuring scenario. What was the background? The case had its origins in… Continue Reading

Remembering Judge Lifland

Posted in Uncategorized
We were deeply saddened to learn of the passing of the Honorable Burton R. Lifland on January 12, 2014. Many of us have practiced before Judge Lifland over the years, during his time as the former chief and bankruptcy judge of the Southern District of New York, and we will remember him as an extremely… Continue Reading