Expedited Bankruptcies Are Cause For Concern [Law 360]

Brian Shaw and David Doyle discuss the U.S. Trustee’s Offices’ position on Chapter 11 bankruptcy cases in which the debtor seeks to either confirm a plan or sell substantially all its assets in a matter of weeks or less after the petition date in Law360. The office deems these high-speed cases as an abuse of bankruptcy code, and states that such abuse is exacerbated because the truncated process usually only reflects the demands of a select few to the procedural exclusion of all others. A common form of shotgun bankruptcy is the prepackaged Chapter 11; for which filings have increased during the pandemic. As a result of this increase, there has been more attempts by debtors and lenders to shorten the amount of time in bankruptcy, and more corresponding objections from the U.S. Trustee’s Office.

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David Doyle



(312) 474-1648

Brian Shaw



(312) 474-1644

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