The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina, Jr. | October 18, 2018
Vendors are often confronted with the classic dilemma when a customer becomes financially distressed and falls behind. Do they continue to do business with the customer and attempt to obtain credit support, which may be the better way to get paid—or “cut the cord,” terminate the relationship, and initiate collection?
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa, Jr. and Drew S. McGehrin | October 4, 2018
In Kaye v. Blue Bell Creameries (In re BFW Liquidation), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit found that a liability for an allegedly preferential transfer may be reduced by the amount of new value given, regardless of whether that new value has already been repaid by the debtor before its bankruptcy filing.
By Roy Strom | October 2, 2018
The firm's insolvency comes after a broad expansion effort, practice groups that sparred with each other and an ultimately unsuccessful attempt to stabilize an institution rocked by the financial uncertainty that comes with Big Law's free agent era.
By Brenda Sapino Jeffreys | September 20, 2018
James Grogan, who spent nearly a decade at Paul Hastings, said he is hoping to add more lawyers in Houston and expand the practice there.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | September 13, 2018
The bankruptcy plan confirmation process typically requires intensive negotiations involving numerous creditor groups and other parties-in-interest. As a result, the scope of the releases embedded within a plan is subject to multiple reviews by such parties and then approval by the bankruptcy court.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | September 6, 2018
The trustee in bankruptcy acts as a fiduciary for all creditors to identify assets and administer the bankruptcy estate. Usually the trustee…
The Legal Intelligencer | News
By Lizzy McLellan | August 23, 2018
Udren Law, unable to pay for legal advertisements, appears to be winding down its business.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Keri L. Wintle | August 16, 2018
Section 365(a) of the Bankruptcy Code permits a debtor or trustee, subject to bankruptcy court approval, to reject an executory contract and release the debtor's estate from burdensome contractual obligations that may impede the debtor's successful reorganization.
The Legal Intelligencer | News
By Lizzy McLellan | August 3, 2018
Anthony Calaiaro has been sentenced to jail time for taking money from his father's firm.
The Legal Intelligencer | Commentary
By Francis J. Lawall and John Henry Schanne II | August 2, 2018
The Bankruptcy Code and accompanying Rules of Procedure attempt to create a nationwide legal framework for administering bankruptcy cases. However, to initially determine whether a corporate entity can seek bankruptcy protection, courts must also consider the state law where it is chartered to determine who possesses the requisite authority to file on a debtor's behalf.
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