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.
Arnold & Porter