In re Intervention Energy Holdings, LLC, 553 B.R. 258 (Bankr. D. Del. 2016)
U.S. Bankruptcy Court for the District of Delaware ruled that a provision in a debtor’s operating agreement that permitted its lender to block a bankruptcy filing by voting the lender’s single Common Unit against a filing was unenforceable as a matter of federal bankruptcy policy. What restrictions on filing bankruptcy are/are not against bankruptcy public policy is the subject of many cases, with differing outcomes. An outright prohibition on a company filing bankruptcy IS unenforceable as being against federal bankruptcy policy.