The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden Dahrouge | June 8, 2023
With this ruling, six bankruptcy court decisions from the District of Oregon, the Eastern District of Kentucky, the District of Delaware, the Northern District of Texas, and the Southern District of New York have held that electricity is not a "good" and does not qualify under Section 503(b)(9). The ruling can make the differences between being paid in full as opposed to pennies (if any) on the dollar.
The American Lawyer | Analysis
By Justin Henry | June 5, 2023
A string of individual departures along with an increase in group moves at both Shearman & Sterling and Stroock & Stroock & Lavin bring attention to the calculations partners need to make when they gain a sense their firm may be in distress.
By Andrew J. Muha, Luke A. Sizemore and Emily C. Costantinou | May 25, 2023
A situation that developed recently in a Chapter 7 bankruptcy case illustrates some of those potential problems, and offers a cautionary tale to asbestos defendants who are watching their insurance assets dwindle as claims continue to be filed.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Elisa Hyder | May 18, 2023
In a matter of first impression not yet addressed by any circuit court, the U.S. Court of Appeals for the Fourth Circuit in the case of Cantwell-Cleary v. Cleary Packaging (In re Cleary Packaging), 36 F.4th 509 (4th Cir. 2022) addressed whether the discharge exceptions under Section 523(a) apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | May 4, 2023
A recent decision by the Bankruptcy Court for the Northern District of Texas, Northwest Senior Housing v. Intercity Investment Properties (In re Northwest Senior Housing), addressed these important issues involving the retention of a public relations firm and highlights some important pitfalls to avoid.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | April 13, 2023
Certain types of agreements, such as real estate leases, clearly are executory contracts subject to assumption or rejection in bankruptcy cases. But what about the partnership agreement itself, or an option to purchase, or a right of first refusal contained in a partnership agreement?
By Amanda Bronstad | April 11, 2023
Chief Judge Michael Kaplan, of the U.S. Bankruptcy Court, cautioned lawyers on Tuesday at the first hearing in this month's Chapter 11 case to tone down the vitriol. "The world is watching," he said.
The Legal Intelligencer | Commentary
By Derek J. Baker | March 29, 2023
The opinion thoroughly analyzes each of the statutory elements for eligibility—in light of a substantial history/record—to conclude that the city met the requisite eligibility and that its filing was in "good faith."
By Ellen Bardash | March 28, 2023
The District of Delaware decision allows the largest sexual abuse settlement in U.S. history to proceed with distribution, including $2.46 billion already available and potentially another $4 billion from BSA insurers who haven't settled and assets that haven't been liquidated.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Geoffrey A. Heaton | March 27, 2023
In a recently published decision, In re Masingale, 644 B.R. 530 (9th Cir. BAP 2022), the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit (the BAP) held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property, including post-petition appreciation.
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