The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden S. Dahrouge | July 27, 2023
Chapter 11 cases involving mass tort and complex personal injury claims often require the resolution of novel legal issues that stretch the bounds of existing precedent. As these cases evolve, they can also impact claims against other debtors unrelated to the case at hand through court-approved injunctions, releases or settlements.
By Adolfo Pesquera | July 18, 2023
The opposing insurance companies sought relief from the U.S. Court of Appeals for the Third Circuit, but in April the appeals court denied a request by the plan's opponents to issue a stay while they appeal the federal court's approval of the plan. That appeal remains pending.
The Legal Intelligencer | News
By Aleeza Furman | July 17, 2023
Bankruptcy counsel for a Pennsylvania business' trustee agreed in a July 14 stipulation to withdraw an arbitration appeal that stood in the way of the defendants' collection of the money.
The Legal Intelligencer | Commentary
By Mark Eveland | July 13, 2023
The Texas Two-Step is a bankruptcy process in which a solvent corporation spins off certain liabilities into a new and undercapitalized subsidiary and then has the subsidiary declare bankruptcy.
The Legal Intelligencer | News
By Aleeza Furman | July 10, 2023
"In other words," Camping World wrote in a June 5 bankruptcy court filing, "the trustee brought claims (which she touted publicly), lost on every one, and then unilaterally put the entire arbitration on hold."
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | July 6, 2023
In recent years, as extensive pre-bankruptcy planning has evolved, bankruptcy filings frequently involve affiliates of larger companies, engineered with a structuring of liabilities in mind. This is especially relevant in the area of mass tort litigation. The question of whether these targeted filings are for a legitimate bankruptcy purpose or should be dismissed has been the subject of significant high-profile litigation.
The Legal Intelligencer | News
By Amanda O'Brien | July 3, 2023
The rapper had blamed his lawyers for a $7 million jury verdict stemming from accusations that he released a sex tape. But a Connecticut federal judge found no evidence that the participation of three additional witnesses would have changed the outcome.
The Legal Intelligencer | Commentary
By Alexis Leventhal, Richard Tannenbaum and Victoria Smith | June 29, 2023
Article 9 of the Uniform Commercial Code (UCC) governs secured transactions, and Part 6 of this article governs the rights and duties of the parties in the event of default. In the event of default by a debtor, a secured party may repossess the collateral and dispose of it through a sale, lease, license, or other form of disposition.
By Adolfo Pesquera | June 9, 2023
"The vast majority of claimants in the Demchak and Brown-Suessenbach suits ... have no recourse in bankruptcy court for their pre-petition monetary claims," the Fifth Circuit concluded.
The Legal Intelligencer | News
By Amanda O'Brien | June 8, 2023
Trusts and estates partner Kristen Behrens will join litigation partner Patrick Northen, who has been in the role for the past five years.
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