Tag Archives: Bankruptcy Court

No Equitable Tolling of Section 548 ‘Look-Back’ Period

In re Pitt Penn Holding Co., Inc. clarifies that even in a court of equity and despite colorable claims of concealment on the part of an avoidance-action defendant, there are limitations on the power of a bankruptcy court to invoke the doctrine of equitable tolling. In the following article, Haben Goitom from the Business Restructuring and Reorganization practice at Jones Day provides great detail.

Southern District Establishes Standards for ‘Good Faith’ Participation in Court-Ordered Mediation: Part II

The A.T. Reynolds & Sons, Inc. decision reverses the bankruptcy court’s order holding the secured lender in the underlying bankruptcy proceeding, and its counsel, in contempt for failing to mediate in good faith and imposing sanctions upon them. The decision not only vindicates the lender and its counsel for its “no pay” position taken at the mediation, but also articulates a clear and objective standard for parties’ future “good faith” participation in a court-ordered mediation. This is the conclusion of this two-part article.

Southern District Establishes Standards for ‘Good Faith’ Participation in Court-Ordered Mediation: Part I

The A.T. Reynolds & Sons, Inc. decision reverses the bankruptcy court’s order holding the secured lender in the underlying bankruptcy proceeding, and its counsel, in contempt for failing to mediate in good faith and imposing sanctions upon them. The decision not only vindicates the lender and its counsel for its “no pay” position taken at the mediation, but also articulates a clear and objective standard for parties’ future “good faith” participation in a court-ordered mediation.