Displaying Journal Articles for Author Aaron M. Kaufman

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corpor…

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Preference Claims Under § 547 Are Estate Property and May Be Sold Joining the Eighth and Ninth Circuits, 1 the U.S. Court of Appeals for the Fifth Circuit held that cl…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Bankruptcy Courts Lack Discretion to Deny a Request to Appoint an Examiner If Requirements of § 1104(c)(2) Are Met The Third Circuit recently held that if “the debtor’…

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo BAPCPA Did Not Abrogate Absolute-Priority Rule in Chapter 11 Cases Hon. Peter D. Russin of the U.S. Bankruptcy Court for the Southern District of Florida recently rule…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack District Court Finds that Free-and-Clear Sale Orders Have No Impact on a Purchaser’s Successorship Obligations Under NLRA The U.S. District Court for the District of D…

By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debtor Must Pay Default Rate Interest to Cure Defaulted Debt; Takes Deep Dive into Difficult Issue While plenty has been written on the issue of what a debtor must do to “cure” a…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Court Establishes Framework for Determining Ownership Rights in Social Media Accounts The U.S. Bankruptcy Court for the Southern District of Florida recently considere…

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Bankruptcy Court Limits Bartenwerfer to Partnership or Agency Debts, Finding It Inapplicable to Fraudulent-Transferee Liability Can the recipient of a fraudulent trans…

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Supreme Court Holds that § 363(m) Does Not Create Jurisdictional Bar; Side-Steps Mootness Issue Under 11 U.S.C. § 363(m), absent a stay of an order approving a sale or…

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Second Circuit Limits Who May Assert a Cure Claim Under § 365(b)(1)(A) The Second Circuit recently held that a creditor who seeks to assert a “cure claim” under § 365(…