Written by: Attorney Christopher M. Candon & Joseph M. Harris In this past term, the United States Supreme Court took action on several cases that may significantly shape bankruptcy and/or insolvency law. In a few short months, the Supreme Court issued a much-anticipated decision that ended the practice of non-consensual structured dismissals (Czyzeweski v. Jevic, …
Author: Christopher M. Candon
The Validity of Plan Support Agreements: Walking the Sub-Rosa Plan Line?
Christopher M. Candon Grant R. Gendron Sheehan Phinney Bass & Green Manchester, New Hampshire Boston, Massachusetts 23rd Annual Northeast Bankruptcy Conference July 14-17, 2016 I. Introduction Plan support agreements (“PSAs”), also referred to as “lockup” agreements or restructuring support agreements, have become increasingly common in Chapter 11 bankruptcies. Proponents of the agreements contend that they …
Defending Preference Actions
Under Section 547(b) of the Bankruptcy Code, debtors and trustees are granted the ability to recover preferential transfers made to creditors that were: To or for the benefit of a creditor; For or on account of an antecedent debt; Made while the debtor was insolvent; Made of or within 90 days immediately preceding the bankruptcy …
