Patriot Coal Bankruptcy Cases Transferred to St. Louis
The Legal Intelligencer
Friday, January 4, 2013
Venue is among the more controversial and politicized aspects of bankruptcy law. While the country watches with unease the debate in Washington unfold regarding the fiscal cliff, bankruptcy practitioners continue to debate their own political issue ? bankruptcy venue. The decision regarding where a lawsuit is filed and adjudicated is an important decision.
A Stern Warning: Litigation Tactics Can Waive Jurisdictional Challenges
The Legal Intelligencer
Friday, December 21, 2012
An important new decision out of the U.S. Court of Appeals for the Ninth Circuit not only adds to the growing body of case law interpreting and applying the Supreme Court's controversial Stern v. Marshall decision, but will have bankruptcy practitioners considering even more carefully whether, when and how to challenge a bankruptcy court's jurisdiction to enter a final order in an avoidance action.
Supreme Court to Address Circuit Split Over 'Defalcation' Meaning
The Legal Intelligencer
Friday, November 16, 2012
In a corporate system based in part on the separation of ownership and control, the relationship between principals and agents is riddled with agency problems: Among them are potential conflicts of interest where agents may abuse their fiduciary position for their own benefit as opposed to the benefit of the principals to whom they are obligated.
Substantial Contribution Claims: How Much Is Enough?
The Legal Intelligencer
Friday, November 2, 2012
Any business seeking to reorganize formally through Chapter 11 will require the assistance of specially trained professionals.
American Airlines Rejects Its Collective Bargaining Agreements
The Legal Intelligencer
Wednesday, October 31, 2012
Airlines have been frequent visitors to the bankruptcy system over the past 20 years. Several airlines have made round trips to the bankruptcy courts.
Third Circuit Protects Post-Confirmation Appeal Rights
The Legal Intelligencer
Friday, October 19, 2012
The U.S. Court of Appeals for the Third Circuit recently addressed the tension that may exist between the needs of a bankrupt debtor attempting to reorganize and the rights of nondebtor litigants in In re Philadelphia Newspapers, 2012 U.S. App. LEXIS 15419 (3d Cir. July 26, 2012).
