Posts Tagged ‘Bankruptcy in the United States’

Penn Virginia files bankruptcy in Eastern District Virginia, Richmond Division

Citing a profound transformation of the oil and gas industry, Penn Virginia Corporation and its affiliates filed for chapter 11 bankruptcy relief early this morning in the United States Bankruptcy Court for the Eastern District of Virginia. A Restructuring Support Agreement entered into with certain lenders suggests that the bankruptcy petition has the support of […]

 

Preference Claims Defense Number 3

In our last post we outlined the second of three common defenses to preference claims, the “subsequent new value” defense. Now let’s look at the third common defense, “contemporaneous exchange for new value”, in a bit more detail. Contemporaneous exchange for new value is very much like a COD transaction. For this defense, you give […]

 

Preference Claims Defense Number 1

In our last post we outlined the legal defenses against a bankruptcy preference claim. Now let’s look at the “ordinary course payment” defense in a bit more detail. An ordinary course payment is, essentially, when there was nothing at all unusual or out of the ordinary pertaining to the payment at issue. For example, prior […]

 

Virginia CLE Seminar on Chapter 7 Bankruptcy

On June 14, 2012, Roy M. Terry, Jr. and I were pleased to be faculty for the Virginia CLE in a seminar entitled Chapter 7 Bankruptcy: What the Code and the Rules Won’t Tell You. The seminar, which was broadcast live via telephone and webcast, presented a practical view of the practice of Chapter 7 […]

 

SCOTUS: Secured Creditors Cannot Be Denied the Right to Credit-Bid

On May 29, 2012, the United States Supreme Court decided Radlax Gateway Hotel, LLC v. Amalgamated Bank, ruling that secured creditors cannot be denied the right to credit-bid on the sale of property or assets in the context of a Chapter 11 bankruptcy plan of reorganization. The Chapter 11 debtors were the owners of the […]

 

Bankruptcy Preference Claim Can Be An Unwelcome Surprise

One of the most difficult conversations a bankruptcy attorney can have with a client is to explain the concept of bankruptcy “preference claims”.