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December 02, 2013 |

'Free and Clear' Has Broad Reach in Bankruptcy Sales

Craig Goldblatt, Andrew Goldman and Nancy Manzer of Wilmer Cutler Pickering Hale and Dorr write: Courts have disagreed on the exact breadth of the term "free and clear," which the Bankruptcy Code does not define. Most courts, however, have construed the term broadly, holding that it encompasses more than just "in rem" interests in property. Two recent bankruptcy court decisions illustrate the reach and vibrancy of the "free and clear" bankruptcy tool.
12 minute read
December 02, 2013 |

Are Utilities Unfairly Protected Under the Bankruptcy Code?

Debra A. Dandeneau and Victoria Vron of Weil, Gotshal & Manges write: With all the focus recently on how the Bankruptcy Code should be amended, it is surprising that the protections utilities receive, some of which are grounded in anachronistic notions of how utility services work, have not been subject to more scrutiny. With increasing technology, the scope of "utility services" arguably has expanded, with no real attempt being made to limit the notion of what truly is a "utility" within the meaning of §366.
11 minute read
December 02, 2013 |

Analyzing the Post-'Stern' Landscape in New York

Yann Geron and Oksana Wright of Fox Rothschild write: It has been over two years since the U.S. Supreme Court's decision in 'Stern v. Marshall', and New York courts and litigants are still struggling with the extent of the case's application to the bankruptcy court's jurisdiction and constitutional authority to render final orders in adversary proceedings.
12 minute read
December 01, 2013 |

Tactics, Not Theatrics

How to orchestrate a successful out-of-court restructuring.
6 minute read
November 29, 2013 |

Prisco v. Internal Revenue Service

Tax Penalties, Interest Sought by IRS Not Dischargeable Under Chapter 7
1 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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November 27, 2013 |

In re Montano

5 minute read
November 27, 2013 |

Judge Moves Airline Merger a Step Closer to Takeoff

A federal bankruptcy judge has cleared the way for American Airlines and US Airways to complete their merger and create the world's largest airline.
3 minute read
November 27, 2013 |

How to Orchestrate an Out-of-Court Restructuring

There is a moment in every transition from corporate health to corporate distress when failure can be averted. Act early and the company has options, act late and the company may not be able to avoid the sometimes crushing burden of bankruptcy.
6 minute read
November 25, 2013 |

Houston Astros' Stake in TV Network at Issue in Suit by New Owner

Houston Baseball Partners, the owner of the Houston Astros, has filed a fraud and negligent misrepresentation lawsuit against former owner R. Drayton McLane Jr.; McLane Champions, the former owner of the Astros; Comcast Corp.; and NBCUniversal Media, alleging it was "duped" when it bought the team and the team's interest in a regional TV network.
4 minute read
November 13, 2013 |

Electricity Not a Good for Administrative Priority Claims

Is electricity a good for purposes of establishing an administrative priority claim under Section 503(b)(9) of the U.S. Bankruptcy Code?
6 minute read

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