Sixth Circuit BAP on Chapter 12

By: Dean Langdon Farming is tough, and family farmers are dealing with several years of low prices and weather-related issues. As we head into planting season, family farmers should be aware that Chapter 12 may help them reorganize and have a brighter future. On March 13th, the Bankruptcy Appellate Panel

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Secret Court Filings? Not So Much…

By: Laura Day DelCotto The litigation process is a “public” procedure, all set forth in an official court record which can be accessed by the public. Sometimes, one (or both) of the parties want to file papers, but keep them confidential and not open to public view.  Maybe there are

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Legal Claims as Assets in Chapter 11

By: Dean Langdon It’s not unusual for a company in financial distress to be involved in some sort of litigation, with claims being asserted back and forth between one or more parties. One of the benefits of filing bankruptcy is the automatic stay, which stops prosecution of most legal actions

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Equitable Subordination and Recharacterization

The doctrine of equitable subordination is based upon principles of equity, and allows a court to subordinate the claim of one creditor to the claims of other creditors. Section 510(c) of the Bankruptcy Code addresses equitable subordination of claims filed in bankruptcy cases. Subsection (c)(1) states “Notwithstanding subsections (a) and

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Administrative Expense Claims, bankruptcy, sixth circuit, court

Sixth Circuit: Administrative Expense Claims Standard

By requesting payment of an administrative expense claim, the movant has the burden of proof and must demonstrate that the expenses were “reasonable, necessary and benefited the estate.” In re Cook & Sons Mining, Inc., 2005 U.S. Dist. LEXIS 21615 (E.D. Ky. Sept. 28, 2005). The Sixth Circuit normally utilizes

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Chapter 11 Decisions: Absolute-Priority Rule Stands

THE SIXTH CIRCUIT COURT OF APPEALS RULES THAT THE ABSOLUTE- PRIORITY RULE STILL APPLIES IN INDIVIDUAL CHAPTER 11 CASES The Sixth Circuit Court of Appeals recently issued an opinion reversing the lower bankruptcy court’s holding that the absolute- priority rule no longer applies to individual Chapter 11 cases following the

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