By: Dean A. Langdon It has long been the rule in bankruptcy cases that the price received for real property at a foreclosure sale was “reasonably equivalent value” and the transfer could not be set aside as a fraudulent transfer under 11 U.S.C. § 548. BFP v....
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Bankruptcy
Recent Case Creates Uncertainty Regarding Surety Bonds In Bankruptcy
By: Laura Day DelCotto In our many chapter 11 coal-industry cases over the years, the surety bonding company always plays a very major role in the case. The bonding company issues are detailed and fact-intensive, dealing with multiple bonds, bond collateral, permits,...
What is DIP financing?
When a Kentucky business is facing financial difficulties, it may want to continue operating while reorganizing its operations and debt through bankruptcy. If this is the case, it could meanwhile apply for something known as "debtor-in-possession" financing, which, if...
Gambling with your Future: U.S. Gambling on the Rise
By: Laura Day DelCotto I don’t think I ever knew that there is an “American Gambling Association” but it does exist. The Association recently estimated that over 45 million Americans will be betting on NFL football games during the 2021 season. Much of this gambling...
Options for Dealing with a Vehicle Repossession Debt
If you have ever had a vehicle repossessed, you are probably aware that typically the lender sells the vehicle and will pursue you for any deficiency balance from the sale of the vehicle. For example, if you financed a vehicle for $25,000 and it sold for $15,000, then...
[nap_names id="FIRM-NAME-1"] Named in Best Law Firms List 2022 By “Best Lawyers”®
Gartland Thacker DelCotto PLLC is pleased to announce that we have been recognized in the 2022 U.S. News-Best Lawyers® “Best Law Firms” in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (Tier 1). Best Lawyers® and U.S....
Taking out a Debtor in Possession loan during Chapter 11
A lot of businesses in Kentucky experience serious financial hardships that they can eventually recover from. Chapter 11 bankruptcy is designed for businesses that need to reorganize their debt rather than liquidate it. During the Chapter 11 bankruptcy process, a...
Critical Vendors and Preferences in Chapter 11 Bankruptcy
By: Laura Day DelCotto A recent case out of the Delaware Bankruptcy Court made clear that the exact wording of the standard “critical vendor” order is important. The case is a great reminder that even boiler-plate orders entered in conjunction with first day hearings...
Mass Tort Chapter 11 Bankruptcy: Collective Fairness or Asset Shielding
By: Laura Day DelCotto There is a huge public policy debate currently going on in the corporate bankruptcy world over mass litigation/mass tort chapter 11 cases. The recent mass tort defendants who have ended up in a chapter 11 include the Boy Scouts of America, USA...
How bankruptcy might affect current and future employment
For Kentucky residents who are experiencing financial struggles, bankruptcy can provide some relief and help with getting to a better financial situation. However, many hesitate because they are concerned about its future impact. Some might wonder if their current and...


