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March 25, 2024 | Law.com

Landmines In Bankruptcy Appellate Practice, Part III

When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
11 minute read
July 27, 2023 | The Legal Intelligencer

BSA Plan Triggers Denial of Abuse Claims in Rockville Center Diocese Chapter 11

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.
6 minute read
September 30, 2022 | New York Law Journal

Stipulations and Insurance Assignments Offer Policyholders and Claimants Relief From Bankruptcy Delays

Stipulated judgments coupled with assignments of insurance rights can shorten the bankruptcy process and offer policyholders and underlying claimants relief from the burdensome and time-consuming process of litigating underlying liability.
6 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
December 28, 2021 | Law.com

Update On Bankruptcy Appellate Practice: Part One — Appellate Standing

Recent cases show that appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect and finality, among other things. The following overview, in a series of installments, shows what the courts have been addressing during just the past three years. This first installment will cover appellate standing.
13 minute read
Law Journal Press | Digital Book Connecticut Foreclosures: An Attorney’s Manual of Practice and Procedure 2024 Authors: Denis R. Caron, Geoffrey K. Milne, Andrew P. Barsom View this Book

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September 14, 2021 | National Law Journal

Pressure Grows for Justices to Review Judge-Made Bankruptcy Rule

Critics say "equitable mootness" is constitutionally questionable because it denies appellants the right to an appeal on the merits.
8 minute read
June 07, 2021 | The Legal Intelligencer

Deeply Subordinated Creditor Lacks Standing to Participate in Plan Confirmation

Section 510 of the Bankruptcy Code recognizes that agreements between creditors of a debtor that one creditor's claim will be subordinated in payment to another creditor's claim will be enforceable in a bankruptcy case.
9 minute read
June 10, 2019 | New Jersey Law Journal

A Tribute to Frank Vecchione

OP-ED: Honoring the Dean of the Bankruptcy Bar, partner, mentor and friend, upon his retirement.
4 minute read
March 01, 2019 | New York Law Journal

First Circuit Declares Appointment of FOMB Members Violates Appointments Clause

In 'Aurelius Investment v. Commonwealth of Puerto Rico', the U.S. Court of Appeals for the First Circuit held that the appointment of the members of the FOMB violated the Appointments Clause of the U.S. Constitution. The Board Members are officers of the United States, and therefore they are subject to Senate confirmation. However, the court refused to dismiss the Puerto Rico bankruptcy case.
8 minute read
January 20, 2017 |

Kirkland Gets Call for Avaya Bankruptcy

The telecommunications equipment company, which filed for Chapter 11 protection Thursday in New York, is being advised by Kirkland & Ellis in its bankruptcy case. Holland & Knight is owed some $736,380 by the debtor.
28 minute read

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