For a plaintiff seeking to recover for any outstanding obligation in a Tennessee civil lawsuit, obtaining a judgment against the debtor is the culmination of months or years of effort. All the [...]
Discount home décor retailer Old Time Pottery and its holding company filed for protection under Chapter 11 of the U.S. Bankruptcy Code in Nashville on June 28, 2020. While the bankruptcy cases [...]
Forced into Bankruptcy: Could Unsecured Creditors File an Involuntary Bankruptcy Petition Against Your Business?
Co-authored by Ramon Ryan, SRVH Summer Associate Last month, investment firm Ashkenazy Acquisition surprised the New York real estate world when it filed an involuntary Chapter 11 petition to [...]
In my last post, I mentioned that it is becoming standard for unsecured creditors in a Chapter 11 case to go after the debtor’s private equity backers: One issue that I am seeing in my practice [...]
For several years now, the number of private equity-backed bankruptcy filings has been on the rise. A few months ago in November, The Deal reported that, for private equity-backed companies with [...]
What happens if the seller of property files for bankruptcy and the bankruptcy trustee tries to undo the transaction? Is the buyer protected by the buyer’s title insurance policy? The Tennessee [...]
It is common wisdom that there is a four-year lookback period in bankruptcy for fraudulent transfer claims. A fraudulent transfer claim alleges that the debtor transferred property to someone, [...]