Tag Archives: CREDITORS

How Does Bankruptcy Affect Creditors?

Just before Laertes went off to Paris in Hamlet, his father (Polonius) gave him a slew of fatherly advice. One suggestion was “Neither a borrower nor a lender be.” But most of us have ignored that advice. We are both … Continue reading

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Considerations for Service on an Unsecured Creditors Committee

With bankruptcy filings up by more than 25% in the recent past, and with the promise of many more to come in the near future, an increasing number of businesses and individuals may find themselves listed amongst the largest unsecured … Continue reading

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Equitable Subordination of a Creditors Secured Claim when such Secured Creditor is, itself, in

In a majority opinion dated December 15, 2009, the Ninth Circuit Bankruptcy Appellate Panel held that a chapter 11 debtor may not equitably subordinate a creditors claim and transfer the lien securing that claim, when such creditor is, itself, in bankruptcy, before … Continue reading

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Operational Creditors v. Financial Creditors: Evolution of Differences

[Shubham Sancheti is a 4th year B.A., LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] The Insolvency and Bankruptcy Code, 2016 [“Code”] has had its maiden anniversary but problems regarding its interpretation have continued since its inception. The segregation of … Continue reading

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Dead Zone? Direct Claims by Creditors of a California Corporation May Not Lie Against Managem

The California Court of Appeal recently rejected the argument that directors and officers owe fiduciary duties to the companys creditors when the company is in the so-called "zone of insolvency," or is even clearly insolvent. In Berg & Berg Enterprises, LLC … Continue reading

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