In 2002 the U.S. Bankruptcy Court for the Northern District of Texas issued an opinion in the case of In re CoServ,[1] establishing a three-part test to determine whether a debtor should be authorized to pay prepetition claims of "critical" […]
Joe Coleman and John Kane were recognized in Lawdragon's latest 500 Leading Global Bankruptcy & Restructuring Lawyers guide for 2024. Coleman was named a leading lawyer for his work in the area of Insolvency, Bankruptcy & Creditor Rights, […]
We all know that general unsecured creditors, like holders of trade debt, often receive little to no recovery on account of the debt they are owed when a customer files for bankruptcy. Luckily, Section 503 of the Bankruptcy Code provides some relief […]
On Monday, January 22, 2024, the United States Court of Appeals for the Fifth Circuit entered a ruling in the South Coast Supply Company case allowing a bankrupt debtor to sell preference claims arising under section 547 of the Bankruptcy […]
KRCL and Houston Director Mike Ridulfo received the M&A Advisors Turnaround of the Year Award in the category of Chapter 11 Reorganization of the Year ($10MM to $100MM). Mr. Ridulfo represented the controlling equity of the Debtor, a multi-state […]
Michael Ridulfo is presenting on June 5, 2019 at the Turnaround Management Association Houston Chapter Breakfast Meeting, on the topic of “Keeping Your Truck on the Road: Examining Challenges Arising in Chapter 11 Trucking Cases”. Register […]
As the brick and mortar retail industry continues to decline, landlords are likely to engage in an increasing number of lease disputes with delinquent tenants. As we have seen over the past five years, those disputes often end up in bankruptcy court […]
Companies seeking to confirm a Chapter 11 bankruptcy plan typically include releases that discharge the bankrupt company (the debtor) from liability on claims, thereby giving the debtor a chance to emerge from bankruptcy and seek a profitable future.& […]
Preference litigation is frequently a game of poker between a bankruptcy trustee and creditors in which the trustee begins with a significant advantage – the lawsuit. In most cases, simply filing a lawsuit ensures that the bankruptcy trustee will leverage […]
The United States District Court for the Southern District of Ohio was recently presented with a strange set of facts regarding a purported licensee under the Perishable Agricultural Commodities Act (PACA). The issue was whether an acknowledged mistake […]
As noted in Part III, movants seeking approval of structured dismissal motions typically must prove that the proposed dismissal is in the best interest of the creditors. To do so, movants will usually have to prove that the dismissal provides better […]