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February 17, 2023 | Daily Report Online

Bankruptcy Lawyers: 'Mounting Pressure' Is Leading More Companies to File for Chapter 11

"During the past few years, the country has seen unprecedented lows in bankruptcy filings," said Bruce Z. Walker, a partner with Cohen Pollock Merlin Turner in Atlanta. "Recently, bankruptcy filings have been starting to increase in the various bankruptcy chapters. This includes commercial bankruptcy filings."
8 minute read
February 14, 2023 | New Jersey Law Journal

'Pendulum Has Swung': Talc Bankruptcy Isn't Over, But Time Is Ticking

U.S. Chief Bankruptcy Judge Michael Kaplan said at a Tuesday hearing that Johnson & Johnson subsidiary LTL Management's rehearing petition would delay any potential mandate that would prompt him to dismiss the Chapter 11 case.
5 minute read
February 10, 2023 | The American Lawyer

Controversial 'Texas Two-Step' Netted Jones Day $107 Million Before 3rd Circuit Rebuke

Jones Day partner Gregory Gordon employed the tactic in four large Chapter 11s prior to a late January ruling against Johnson & Johnson affiliate LTL Management.
3 minute read
December 21, 2022 | New York Law Journal

Second Circuit Weighs In on Whether the Bankruptcy Code Requires Payment of Post-Petition Interest on Unsecured Claims

The Bankruptcy Code 502(b)(2) provision has been a point of contention when a solvent debtor prosecutes and confirms a plan that does not provide for the payment of post-petition interest.
16 minute read
October 26, 2022 | New York Law Journal

Court Defers to Debtor's Business Judgment on Lease Rejection, Even When Rejection Occurs at the Direction of the Purchaser of Its Assets

A recent decision underscores that the focus of the business judgment rule with respect to a debtor is the impact on the estate, including the decision to sell its assets and permit the purchaser to designate leases for assumption.
12 minute read
Law Journal Press | Digital Book Pennsylvania Tax Handbook 2024 Authors: Stewart M. Weintraub, Jennifer W. Karpchuk, Chamberlain Hrdlicka View this Book

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August 24, 2022 | New York Law Journal

Scheme Proceeding Commenced by Cayman Holding Company To Restructure Its New York Governed Debt Incurred To Support Chinese Real Estate Operations Obtains Recognition Under Chapter 15 in 'Modern Land'

The Bankruptcy Court for the Southern District of New York recently recognized a scheme of arrangement sanctioned by a court in the Cayman Islands, the debtor's place of incorporation, even though the debtor conducts substantially all of its business operations in the People's Republic of China.
13 minute read
June 22, 2022 | New York Law Journal

Third Circuit Confirms That Bankruptcy Code Governs Retention of Debtor's Counsel and Recognizes That Bankruptcy Court Has Considerable Discretion

The Third Circuit confirmed that §327 governs retention of counsel. Moreover, it determined that a review of potential conflicts is committed to the discretion of the bankruptcy court and stated that the analysis on review includes whether the bankruptcy court appropriately exercised its discretion in determining that disqualification was not a fitting remedy in the circumstance.
9 minute read
June 16, 2022 | Daily Business Review

Winston & Strawn Nabs Miami Partners From McDermott and Jones Day

McDermott bankruptcy partner Craig Rasile and Jones Day M&A partner Nicholas Rodriguez continue Winston & Strawn's Miami expansion, which started in May when the firm launched an office with six local partner hires.
2 minute read
June 13, 2022 | Law.com

Talc Claimants Move to Lift Bankruptcy Stay After Judge Mulls Possible Trials

The Official Committee of Talc Claimants, or TCC, sought to lift U.S. Bankruptcy Chief Judge Michael Kaplan's order granting a preliminary injunction on all 38,000 talcum powder cases. A hearing is Tuesday.
5 minute read
June 07, 2022 | Supreme Court Brief

$100 Million Refund? | What's Up With WhatsApp? | How Conservative? Very

Supreme Court decisions don't always answer every question raised by those who sought the justices' review. That was the result in a bankruptcy case decided on Monday. The justices left unanswered one potentially very expensive question and another fundamental one.
9 minute read

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