Joseph O'Neil
Joseph's latest writings
Bankruptcy Court Denies Quick Sale of Debtor's Assets
It is now quite common that shortly after a Debtor files for Chapter 11 bankruptcy protection, it seeks court authorization to conduct a quick sale of substantially all of its assets outside of a plan of reorganization. Recently, in In re Exaeris, Inc. et al. , 380 B.R. 741 (Bankr. D. Del 2008) a Delaware bankruptcy court denied authorization to conduct such a sale and emphasized that such... (posted by Joseph 3 years 265 days ago.)
It is now quite common that shortly after a Debtor files for Chapter 11 bankruptcy protection, it seeks court authorization to conduct a quick sale of substantially all of its assets outside of a plan of reorganization. Recently, in In re Exaeris, Inc. et al. , 380 B.R. 741 (Bankr. D. Del 2008) a Delaware bankruptcy court denied authorization to conduct such a sale and emphasized that such... (posted by Joseph 3 years 265 days ago.)
Shareholders Retain LBO Payments in Exchange for Stock under Bankruptcy Code Exception
Usually in the context of bankruptcy, shareholders receive nothing for their equity interests unless all other creditors are paid in full. Even when shareholders receive payment prior to a bankruptcy filing, the Bankruptcy Code provides that such transfers may be subject to avoidance and therefore recovered by the bankruptcy estate. The Code, however, contains several... (posted by Joseph 3 years 300 days ago.)
Usually in the context of bankruptcy, shareholders receive nothing for their equity interests unless all other creditors are paid in full. Even when shareholders receive payment prior to a bankruptcy filing, the Bankruptcy Code provides that such transfers may be subject to avoidance and therefore recovered by the bankruptcy estate. The Code, however, contains several... (posted by Joseph 3 years 300 days ago.)
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