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February 9, 2024 | The Legal Intelligencer
The now infamous Chapter 11 bankruptcy case of FTX Trading Ltd. (FTX), once a multibillion-dollar cryptocurrency company, has reemerged in a dispute over this very important issue. On appeal, the U.S. Court of Appeals for the Third Circuit recently held that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth.
By Francis J. Lawall and Brenden S. Dahrouge
7 minute read
October 26, 2023 | The Legal Intelligencer
In upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.
By Francis J. Lawall and Brenden S. Dahrouge
7 minute read
September 7, 2023 | The Legal Intelligencer
The court affirmed the U.S. District Court for the Southern District of New York's decision that notes issued from the syndicated loan transaction were not securities under the application of the test set forth in the U.S. Supreme Court's decision in Reves v. Ernst & Young.
By Francis J. Lawall and Marcy J. McLaughlin Smith
8 minute read
July 27, 2023 | The Legal Intelligencer
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 Francis J. Lawall and Brenden S. Dahrouge
6 minute read
June 8, 2023 | The Legal Intelligencer
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.
By Francis J. Lawall and Brenden Dahrouge
6 minute read
May 4, 2023 | The Legal Intelligencer
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.
By Francis J. Lawall and Marcy J. McLaughlin Smith
6 minute read
February 2, 2023 | The Legal Intelligencer
On Jan. 5, the U.S. Court of Appeals for the Fifth Circuit recently provided some additional color to the abstention issue by ruling that the U.S. Bankruptcy Court for the Southern District of Texas lacked jurisdiction to decide an exclusively state-governed question related to emergency energy price controls.
By Francis J. Lawall and Brenden Dahrouge
9 minute read
December 15, 2022 | The Legal Intelligencer
Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930 (the 2017 amendment).
By Francis J. Lawall and Marcy J. McLaughlin Smith
7 minute read
October 27, 2022 | The Legal Intelligencer
In Windstream, the U.S. District Court for the Southern District of New York, on appeal, found that while certain business practices—a potentially false targeted advertising campaign—may be illegal, it did not follow that such actions were necessarily an attempt to exercise control of estate property.
By Francis J. Lawall and Kenneth A. Listwak
10 minute read
September 8, 2022 | The Legal Intelligencer
The scope of releases and exculpation, is often a key point of contention in these cases, and therefore, appeals are not uncommon. The ability to appeal a confirmation order in a substantively consummated plan can meaningfully impact release/exculpation issues as well as a host of others.
By Francis J. Lawall and Nathaniel T. DeLoatch
9 minute read
Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.
Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.
Consulting magazine is proud to recognize this unique group of movers and shakers at our annual Rising Stars of Profession awards.
Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...
Description: Fox Rothschild LLP has an opening in the San Francisco, CA office for an associate in our Labor & Employment Department. Th...
Our client, a mid-sized Atlanta based litigation firm, is seeking to add an associate to their expanding ranks. Ideal candidates will have 2...
Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
