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Congress created Subchapter V of Chapter 11 (Sub V) of the Bankruptcy Code to help small business debtors (companies and individuals) complete traditional reorganizations in Chapter 11. It is no secret that Chapter 11, over the years, evolved to be an expensive and uncertain remedy for those seeking its relief, especially smaller debtors. Moreover, the sale of substantially all of a debtor’s assets outside the context of a Chapter 11 plan went from being the exception, in the early 1980s, to the rule today.
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By Michael L. Cook
A Chapter 11 corporate debtor’s monetary penalty obligation owed to the FCC, resulting from “fraud on consumers,” survived the debtor’s reorganization plan discharge, even when the FCC “was not a victim of the fraud,” the U.S. District Court for the Southern District of New York recently held.
By Andrew C. Kassner and Joseph N. Argentina Jr.
A supplier’s receipt of payment under a critical vendor order does not bar the debtor or trustee from pursuing a preference claim to recover amounts paid prepetition to the vendor, according to a recent ruling from the U.S. Bankruptcy Court for the District of Delaware.
By Rudolph J. Di Massa Jr. and Drew S. McGehrin
The U.S. Bankruptcy Court for the District of New Mexico recently ruled that any attempt to avoid preferential or fraudulent transfers must be supported by evidence that the avoidance will benefit the debtor’s estate and the debtor’s creditors — not just the debtor itself.
By Amanda Bronstad
A bankruptcy filing allows Johnson & Johnson to shift legal liability over its talc-based baby powder into a potential $2 billion compensation program for cancer victims, but not without a big fight from the plaintiffs bar.