The Bankruptcy Strategist

The Goldman Sachs decision may offer a path through the longstanding conflict: beyond asking whether a dispute is core, future courts may use the Supreme Court’s analysis in Stern to assess whether the dispute lies within the bankruptcy court’s constitutionally protected sphere of authority.

One area that has been the subject of much litigation concerns when a debtor can sell general and limited partnership interests, as well as its role as the manager of the partnership’s business. This issue was addressed recently in a decision by the U.S. Bankruptcy Court for the Northern District of Texas in In re Genesis Healthcare.

A growing body of case law, including recent bankruptcy court decisions, is forcing a reckoning on merchant cash advances. When an MCA provider’s claim comes before a bankruptcy court, the fundamental question often becomes: Is this really a sale, or is it a loan in disguise?

The assignment for the benefit of creditors (ABC) is having a moment. The Uniform Law Commission’s 2025 Uniform Assignment for the Benefit of Creditors Act has been enacted in six states, while economic concerns are pushing distressed middle-market companies toward this faster and less expensive bankruptcy alternative.

Google’s $10 million deal to buy a vast quantity of data from the defunct Spirit Airlines is being seen as a harbinger of growing interest in the buying and selling of corporate records. But the trend could bring new challenges for attorneys.