Questioning Prepetition Bankruptcy Bans

While courts have generally held that provisions in prepetition agreements prohibiting bankruptcy filings are void as against public policy, a recent unpublished decision by the Tenth Circuit Bankruptcy Appellate Panel in In re DB Capital Holdings LLC, No. 10-046, 2010 WL 4925811 (B.A.P. 10th Cir., Dec. 6, 2010), calls this principle into question. Read More.