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PRACTICE PAPERS

Bankruptcy

In re Jersey Tractor Trailer Training Inc.

Thursday, September 10, 2009

A search of the records of the state or county filing office, under the debtor's correct name, using the filing office's standard search logic, is a commercially reasonable lien search.

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In re Congoleum Corporation

Thursday, August 27, 2009

Because dismissal is not in the best interest of Congoleum's creditors, the Bankruptcy Court abused its discretion by dismissing the case.

Travelers Indemnity Co. v. Bailey

Thursday, June 18, 2009

Finality of Bankruptcy Court's orders approving the Johns-Manville Corporation's reorganization plan and a settlement releasing its insurers from policy claims, which were channeled to a separate trust, generally stands in the way of challenging the enforceability of those orders, and the injunction bars direct actions against an insurer based on alleged misconduct.

A Promising Crack in Third Circuit Precedent for Section 363 Auctions

Tuesday, May 26, 2009

Tarragon likely will be best known for a creative approach by competent bankruptcy counsel and an open-minded jurist to fit the particular facts of a given case squarely within the parameters of a 10-year-old Third Circuit precedent.

Post-Confirmation Litigation And Liquidating Trusts

Wednesday, January 7, 2009

Post-confirmation liquidation and litigation trusts are popular tools for resolving certain claims and interests in a Chapter 11 estate and require a well-drafted reorganization plan and corresponding trust agreement.

Informal Proofs of Claim

Wednesday, January 7, 2009

If a creditor filed a document in the bankruptcy case prior to the bar date, the creditor can argue that the document constitutes a timely filed "informal proof of claim," provided the document contains certain information.

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