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The Legal Intelligencer
    • Bankruptcy Law

    Chapter 11 Plan Appeal Viable Long After Effective Date

    The Legal Intelligencer

    Friday, February 3, 2012

    The "effective date" of a Chapter 11 plan represents the point in time when a debtor begins to implement the plan's provisions and make distributions to creditors. Often, parties will feel safe in assuming that once a confirmed plan goes effective and substantial implementation of it has occurred, the "train has left the station" and any remaining objections to confirmation have become moot.

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    Fiduciary Duties of Directors and Officers Scrutinized in Bankruptcy Case

    The Legal Intelligencer

    Thursday, January 12, 2012

    Well-respected and otherwise fully occupied business people and professionals are often invited to participate as members of nonprofit corporation boards of directors.

    Justices' 'Narrow' Decision Doesn't Bar 'Lock-Up' Restriction

    The Legal Intelligencer

    Friday, January 6, 2012

    On Aug. 30, 2011, in In re Safety Harbor Resort & Spa a/k/a S.H.S. Resort LLC , the U.S. Bankruptcy Court for the Middle District of Florida addressed whether the U.S. Supreme Court's holding in Stern v. Marshall prevented the bankruptcy court from imposing certain "lock-up" restrictions on the debtor and certain nondebtor guarantors to prevent the disposal of assets by those parties.

    Pre-Petition Services Paid for After Bankruptcy May Still Qualify for Defense

    The Legal Intelligencer

    Friday, December 16, 2011

    Much to a creditor's dismay, Section 547(b) of the Bankruptcy Code empowers a bankruptcy trustee to avoid and recover certain payments made to creditors within 90 days prior to the debtor's bankruptcy filing.

    Harrisburg Filing Tests the Boundaries of Chapter 9

    The Legal Intelligencer

    Wednesday, November 23, 2011

    The insolvency of Pennsylvania's capital city of Harrisburg is unsurprising to anyone watching the disaster slowly unfold over the past several years.

    The End of the Road for Triangular Setoffs?

    The Legal Intelligencer

    Monday, November 7, 2011

    Yet another blow has been dealt to the enforceability of netting agreements against a bankrupt counterparty.

    Court: Absolute Priority Rule Applies in Individual Chapter 11 Cases

    The Legal Intelligencer

    Tuesday, October 18, 2011

    Since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in 2005, courts have puzzled over whether Congress intended to eliminate the absolute priority rule for individual Chapter 11 debtors. The absolute priority rule precludes payment to a junior class of creditors or equity holders until all senior classes have been paid in full on their claims.

    Bankruptcy Jurisdiction: Where Is the Site of the Fight?

    The Legal Intelligencer

    Friday, October 7, 2011

    Bankruptcy court jurisdiction might not be one of the most exciting aspects of bankruptcy practice, but, as is the case with all litigation, selection of the forum where the controversy will be heard and who will adjudicate the matter is often an important strategy consideration.

    LLC Members Held to Be Insiders for Preference Liability Purposes

    The Legal Intelligencer

    Friday, September 23, 2011

    Generally, any transfer made by a debtor within 90 days before bankruptcy is considered preferential and may be recoverable by the estate.

    5th Circuit Expands Documents Applicable to Determining Claim Preservation

    The Legal Intelligencer

    Friday, August 26, 2011

    In a matter of apparent first impression, in Spicer v. Laguna Madre Oil & Gas II LLC (In re Texas Wyoming Drilling Inc.), the 5th U.S. Circuit Court of Appeals held in an opinion dated July 21 that it was permissible to consider both a plan of reorganization and its accompanying disclosure statement when determining whether a debtor had sufficiently preserved certain causes of action pursuant to § 1123 of the Bankruptcy Code.

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