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The Fifth Circuit Narrowly Construes "Good Faith" in the Context of Lending to a Debtor

Bankruptcy, Insolvency & Creditors’ Rights

September 11, 2014 / Joseph M. Coleman

Debtor-in-possession financing ("DIP financing") is a critical issue that comes up at the beginning of most large to mid-sized bankruptcy cases.  Companies filing bankruptcy are typically doomed to a rapid liquidation if they are unable to obtain new […]

The Constitutional Powers of a Bankruptcy Judge: Why it Matters

Bankruptcy, Insolvency & Creditors’ Rights

July 8, 2014 / Joseph M. Coleman

On June 9, 2014, the United States Supreme Court issued the decision Executive Benefits Insurance Agency v. Arkinson, Trustee of the Estate of Bellingham Insurance Agency, Inc., which deals with the constitutional limits on bankruptcy judges.  The Bellingham […]