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Articles by Genna L. Ghaul
Iowa District Court: Avoidance Claims Cannot Be Encumbered by Pre-Bankruptcy Liens | JD Supra
Causes of action for avoidance and recovery of preferential, fraudulent, or unauthorized transfers often are a means of generating value for the benefit of the estate and creditors in a bankruptcy case. For this reason, many courts are skeptical of efforts to encumber avoidance actions so that a single creditor or creditor group derives the benefit of such claims to the detriment of other creditors.
Avianca: Second Court Adopts "Billing Date" Approach to Timely Performance of Unexpired Commercial Personal Property Leases in Bankruptcy | JD Supra
In 1984 and 1994, Congress amended the Bankruptcy Code to add protections for commercial real property and equipment lessors. Those provisions—sections 365(d)(3) and section 365(d)(5), respectively—generally require a bankruptcy trustee or chapter 11 debtor in possession ("DIP") to timely pay most postpetition obligations arising under a commercial lease. Court rulings interpreting section 365(d)(3) are plentiful, but there are few decisions addressing section 365(d)(5).
Business Restructuring Review Vol. 24, No. 2 | March–April 2025 | JD Supra
March 31, 2025 Corinne Ball, S.
Second Circuit: Bankruptcy Code's Lease Assumption and Assignment Provisions Apply Only to "True Leases" | JD Supra
The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume and assign executory contracts and unexpired leases is an invaluable tool for generating value for a bankruptcy estate to pay creditor claims and provide funding for a chapter 11 plan.
Business Restructuring Review | March-April 2025
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Second Circuit: Settlement Allocating Value to Unsecured Creditors Without Paying Disputed Secured Claim Did Not Violate Supreme Court's Jevic Ruling Prohibiting Priority-Skipping Final Distributions | Jones Day - JDSupra
In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions to creditors in a "structured dismissal" of a chapter 11 case that violate the Bankruptcy Code's ordinary priority rules without the consent of creditors.
Fifth Circuit Requires "Compelling Circumstances" to Amend Proof of Claim Post-Confirmation | JD Supra
Consistent with precedent in its sister circuits, the U.S. Court of Appeals for the Fifth Circuit in CLO Holdco, Ltd. v. Kirschner (In the Matter of Highland Cap. Mgmt. LP), 102 F.4th 286 (5th Cir.
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