North America: Insolvency/Bankruptcy/Re-Structuring

In the recent decision of Piekut v Canada (National Revenue), 2025 SCC 13 ("Piekut"), the Supreme Court of Canada ("SCC") considered when bankrupts are able to discharge...

In its New Year's Eve decision in Serta Simmons Bedding, the Fifth Circuit underscored the importance of drafting debt documents with clarity and precision and cautioned against borrowers' reliance on ambiguous language to effectuate the popular uptier exchange transaction being utilized by debtors across the country to restructure their debt.

Non-Consensual Third-Party Releases are Not Permissible in Section 363 Sales or Rule 9019 Settlements, Regardless of the Suggestions of Some Bankruptcy Courts...

This blog previously covered the Supreme Court's decision in Bartenwerfer v. Buckley, 598 U.S. 69 (2023), which held that, under Section 523(a)(2) of the Bankruptcy Code, an individual debtor may not discharge...

When personal injury attorneys face a defendant who files for bankruptcy, progress on the case suddenly halts as the automatic stay takes effect.

On March 21, 2025, the U.S. District Court for the Northern District of California affirmed a bankruptcy court's dismissal of the San Benito Healthcare District's chapter 9 bankruptcy petition...