Bankruptcy Court Joins the Debate on the Validity of Bankruptcy Blocking Restrictions

Copyright © 2024 LexisNexis and/or its Licensors


Summary

This article discusses the disagreement among courts over whether provisions in a borrower's organizational documents designed to prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy or applicable state law. There have been a handful of court rulings addressing this issue in recent years, with mixed outcomes.