By Jane Wester | October 14, 2021
The U.S. Department of Justice moved for direct certification of the appeal alongside states opposing the settlement.
New York Law Journal | Analysis
By Barbara M. Goodstein | October 13, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision that underscores the importance to creditors of proper diligence, both in entering into a transaction and thereafter, including in the exercise of rights and remedies.
By Jane Wester | October 12, 2021
"There's never been a case like this before," said U.S. District Judge Colleen McMahon. "There's no case that has facts like this."
New York Law Journal | Analysis
By Edward E. Neiger and David Stern | September 30, 2021
In this edition of their quarterly Mass Tort Update, Edward E. Neiger and David Stern report on the Purdue bankruptcy, the Boy Scouts of America bankruptcy, the Phillips Respironics CPAPs recall, and Tony Lazzaro sexual abuse.
New York Law Journal | Analysis
By James H. Millar | September 29, 2021
Why can't a creditor pursue its state law fraudulent transfer rights against a non-debtor? As we will see, the underlying reasoning for this proposition is subject to some disagreement, and can lead to some interesting questions.
New York Law Journal | Analysis
By Angela Turturro | September 20, 2021
In this Special Report: "Shining a Light on Structured Dismissals," "Navigating Preference Actions in Retail Industry Restructurings," "Understanding When the Bankruptcy Stay Keeps the Government at Bay," "Congress Seeks To Restrict Nondebtor Releases in New Bankruptcy Reform Bill" and "Subchapter V Bankruptcy for Middle Market Debtors."
By Tom McParland | September 20, 2021
A new report said that more than 291,000 new bankruptcy cases were filed across all chapters through the first eight months of 2021. That represents a 26.3% decline from the same period a year prior, the report authors said.
By Brett S. Theisen and Natasha Songonuga | September 17, 2021
Despite its formal name—the Small Business Reorganization Act—the statute colloquially known as "Subchapter V" may offer a streamlined reorganization vehicle for some middle market companies.
By Colin Adams and Michael A. Cohen | September 17, 2021
In charting one's course through bankruptcy proceedings, there are specific pitfalls and considerations that debtors, creditors, and their legal and financial advisors should be aware of and approach carefully when preference actions are involved.
By Thomas R. Califano and Anna Gumport | September 17, 2021
While some of the concerns regarding nonconsensual third-party releases may be valid, the Nondebtor Release Prohibition Act of 2021 goes too far in limiting what can, in the right circumstances, be a valuable tool in restructurings.
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