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Rothschild LLP menu Current Page: Home About Contact Subscribe Search Close Enter Search Terms Search In Solvency Understandable Insights from Fox Rothschild’s National Bankruptcy Practice Recent Developments in Bankruptcy Law THE MORE THINGS CHANGE, THE MORE THEY STAY THE SAME? SURVIVAL OF SMALL BUSINESSES AGAIN DEPENDENT ON ACTION FROM CONGRESS By Mary Gilmore & Nicholas A. Koffroth on May 6, 2024 Right now, a business with less than $7.5 million in debt can file an easier, cheaper, and more efficient bankruptcy than a traditional Chapter 11. That privilege will soon be limited to businesses with less than around $3 million of total debt unless Congress acts before June 21, 2024. This… Continue Reading THE MORE THINGS CHANGE, THE MORE THEY STAY THE SAME? SURVIVAL OF SMALL BUSINESSES AGAIN DEPENDENT ON ACTION FROM CONGRESS Assignments for the Benefit of Creditors – an often-overlooked state law alternative to Chapter 7 bankruptcy By Magdalena Schardt on March 25, 2024 by Magdalena Schardt For some folks the three letters ABC are a reminder of elementary… Continue Reading Assignments for the Benefit of Creditors – an often-overlooked state law alternative to Chapter 7 bankruptcy Mediation in Bankruptcy: A Glimpse By Magdalena Schardt on February 22, 2024 If you were a party to a lawsuit or a contested matter in a bankruptcy… Continue Reading Mediation in Bankruptcy: A Glimpse Are Gate-keeper Provisions in Chapter 11 Confirmation Orders a Stopgap for Nonconsensual Third-Party Releases? By Martha Chovanes & Michael R. Herz on January 2, 2024 As many bankruptcy practitioners are aware, there is a circuit court split with respect to… Continue Reading Are Gate-keeper Provisions in Chapter 11 Confirmation Orders a Stopgap for Nonconsensual Third-Party Releases? Subscribe to the In Solvency Blog Subscribe to this blog The Latest How Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking Certainty By Michael Temin & Martha Chovanes on May 16, 2023 On April 19, 2023, Justice Ketanji Brown Jackson, writing for a unanimous Court in MOAC Mall Holdings LLC v. Transform Holdco LLC et.al. , 598 U.S. ___ 143 S. Ct. Continue Reading How Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking Certainty In re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies: Bankruptcy May be Available to Liquidate Assets of Non-Operating Cannabis Companies By Keith C. Owens & Michael R. Herz on April 19, 2023 Cannabis clients are often surprised to learn that the bankruptcy courts are unavailable to liquidate or reorganize most cannabis businesses. Indeed, the Office of the United States Trustee (the UST”)… Continue Reading In re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies: Bankruptcy May be Available to Liquidate Assets of Non-Operating Cannabis Companies Do Liquidating Trusts Have to Pay Quarterly US Trustee Fees? By Michael R. Herz on February 2, 2023 In a 2021 opinion in In re Paragon Offshore PLC, 629 B.R. 227 (Bankr. D. Del. 2021) ( Paragon Offshore ”), Judge Sontchi of the United States Bankruptcy Court for… Continue Reading Do Liquidating Trusts Have to Pay Quarterly US Trustee Fees? New Complex Case Procedures in the Southern District of Texas By Trey A. Monsour on January 25, 2023 Effective January 1, 2023, the procedures for filing complex cases in the Southern District of Texas changed. The courts have made the procedures specific and detailed. Below are some of… Continue Reading New Complex Case Procedures in the Southern District of Texas Who Can Be A Future Claims Representative In The Third Circuit? By Michael Temin on January 23, 2023 By: Michael L. Temin and Martha B. Chovanes Introduction Imerys Talc American, Inc. (Imerys”) filed bankruptcy in response to crushing liability imposed by mounting asbestos and talc personal injury claims… Continue Reading Who Can Be A Future Claims Representative In The Third Circuit? Cryptocurrency Deposits Do Not Belong to Account Holders: New York Bankruptcy Holding Severs Customers’ Right and Title to Crypto Assets Deposited in Celsius Network Earn Program Accounts By Keith C. Owens & Fox Rothschild LLP on January 18, 2023 In a recent decision by Chief Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York presiding over cryptocurrency Chapter 11 megacase, In re … Continue Reading Cryptocurrency Deposits Do Not Belong to Account Holders: New York Bankruptcy Holding Severs Customers’ Right and Title to Crypto Assets Deposited in Celsius Network Earn Program Accounts Duties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c) By Michael R. Herz & Stephanie Slater on October 17, 2022 The Clerk of the Court (Clerk”) is the official custodian of the records and dockets of the bankruptcy court,” and when it appears that there will be a distribution to… Continue Reading Duties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c) Court Shocks Solvent PG&E with Electric Opinion Requiring High-Powered Interest Rates to Creditors By Kevin McCarrell & Joseph A. Caneco on October 13, 2022 What rate of post-petition interest must a solvent debtor pay creditors whose claims are designated as unimpaired pursuant to Section 1124(1) of the Bankruptcy Code? [1] The answer can… Continue Reading Court Shocks Solvent PG&E with Electric Opinion Requiring High-Powered Interest Rates to Creditors Surviving Rule 12(b)(6) Motion Could Still Lead to Sanctions Under Bankruptcy Rule 9011 By Fox Rothschild LLP on September 26, 2022 Surviving a motion to dismiss does not necessarily mean that counsel drafting a pleading will survive a motion for sanctions under Rule 9011 if they have not conducted a reasonable… Continue Reading Surviving Rule 12(b)(6) Motion Could Still Lead to Sanctions Under Bankruptcy Rule 9011 View All Topics View All Posts About this Blog Fox Rothschild’s Financial Restructuring & Bankruptcy practice offers comprehensive services to businesses facing a broad range of legal issues that can arise in major commercial bankruptcy filings or insolvency. 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