Zone of Insolvency

Zone of Insolvency

Tag Archives: Proof of Claim

Claims against IPs: the rising tide

Posted in Europe
The role of an IP has always been challenging – taking control of a company in crisis, making swift decisions based on limited information and balancing the competing interests of stakeholders; all of this requires sound judgment, often under extreme pressure. It is no surprise that, when things go wrong (or perhaps more accurately when… Continue Reading

Buyer Beware: A Claim Purchased From A Potential Defendant To An Avoidance Action May Be Subject To Disallowance

Posted in U.S.
Section 502(d) of the Bankruptcy Code provides that “any claim of any entity from which property is recoverable” by a debtor’s estate shall be disallowed unless the entity has turned over such property to the estate. As we previously discussed in Can A Claims Purchaser Acquire Claims Free of Defects? in the International Restructuring Newswire… Continue Reading