Bankruptcy Law and Insolvency Law

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Article
You Can’t Un-Ring the Bell (or the Assignment): Bankruptcy Court Dismisses Chapter 11 Cases in Favor of a Pending ABC Proceeding
A bankruptcy court dismissed Chapter 11 cases filed by two law firms ten months after they entered an assignment for the benefit of creditors, finding the bankruptcy filing was made in bad faith to frustrate ongoing recovery efforts. The decision establishes critical precedent on when debtors can pivot from state assignment proceedings to federal bankruptcy and the limits of contractual termination rights once an assignment is underway.
United States Insolvency
AP
Arnold & Porter
Article
You Can’t Un-Ring The Bell (Or The Assignment): Bankruptcy Court Dismisses Chapter 11 Cases In Favor Of A Pending ABC Proceeding
In In re Nussbaum Lowinger LLP, the Bankruptcy Court for the Southern District of New York (the Court) dismissed Chapter 11 bankruptcy cases commenced by two law firms and did so in favor of their assignment for the benefit of creditors proceeding already pending in New York state court. This decision provides useful guidance for creditors, assignees, and debtors evaluating whether to move from a state law assignment for the benefit of creditors to a federal bankruptcy case.
United States Insolvency
AP
Arnold & Porter
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Article
You Can’t Un-Ring the Bell (or the Assignment): Bankruptcy Court Dismisses Chapter 11 Cases in Favor of a Pending ABC Proceeding
A bankruptcy court dismissed Chapter 11 cases filed by two law firms ten months after they entered an assignment for the benefit of creditors, finding the bankruptcy filing was made in bad faith to frustrate ongoing recovery efforts. The decision establishes critical precedent on when debtors can pivot from state assignment proceedings to federal bankruptcy and the limits of contractual termination rights once an assignment is underway.
United States Insolvency
AP
Arnold & Porter
See more