By newyorklawjournal | New York Law Journal | July 17, 2017
11 USC §356(c)(2) Barred Trustee's Assumption Of Executory Contract to Issue Debtor's Stock
By newyorklawjournal | New York Law Journal | June 29, 2017
Bankruptcy Court Did Not Abuse Discretion In Approving Settlement in Foreclosure Case
By newyorklawjournal | New York Law Journal | June 22, 2017
Firm Barred From Asserting 'Known' Fraud Claim It Did Not List as Asset in Bankruptcy
By Corinne Ball | June 22, 2017
In her Distress Mergers and Acquisitions column, Corinne Ball discusses renewed attempts by GM to defend against lawsuits stemming from alleged wrongdoings of its predecessor. GM argues that the tort claims brought against it are barred on a new theory based on a recent Second Circuit decision in 'In re Tronox'.
By Carlos J. Cuevas | June 22, 2017
Carlos J. Cuevas discusses an important issue that arises in intentional fraudulent conveyance litigation—the application of the crime-fraud exception to the attorney-client privilege.
By Brian Baxter | June 16, 2017
Soupman Inc., a company that licenses the name made famous by the sitcom "Seinfeld," filed for bankruptcy on June 13 in Delaware, just weeks after its CFO was arrested for tax evasion. Polsinelli is seeking to save the debtor as it pursues a sale in Chapter 11. But some other large law firms face big writeoffs on their legal bills.
By newyorklawjournal | New York Law Journal | June 15, 2017
Bankruptcy Trustee May Commence Medical Malpractice Suit in Representative Capacity
By Brian Baxter | June 14, 2017
A pair of recent lateral hires by Freshfields Bruckhaus Deringer from Arnold & Porter Kaye Scholer have helped the Magic Circle firm swoop in for a lead role on the bankruptcy of Alitalia SpA. The ailing Italian airline sought Chapter 15 protection Monday in the Southern District of New York.
By David Bass and Mark Tsukerman | June 14, 2017
David Bass and Mark Tsukerman write: Two long-standing controversial areas of bankruptcy law have recently intersected in a bankruptcy case out of the District of Delaware: a bankruptcy court's adjudicative authority consistent with Article III of the Constitution, and the propriety of what are referred to in bankruptcy parlance as "third-party releases."
By Jay M. Goffman and Christine A. Okike | June 12, 2017
Jay M. Goffman and Christine A. Okike of Skadden, Arps, Slate, Meagher & Flom write: A "golden share" gives a lender a say in any subsequent decision by a borrower to seek bankruptcy protection. Lenders have long considered the "golden share" to be an effective mechanism for safeguarding their investments. Recent rulings, however, have cast doubt on the effectiveness of the "golden share" structure.
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