The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | September 2, 2021
The SBRA created a new "Subchapter 5" of the U.S. Bankruptcy Code that enables small businesses to use many of the provisions of Chapter 11, but without many of the costs and burdens of a typical Chapter 11 proceeding.
By Amanda Bronstad | August 26, 2021
A summary of assets and liabilities filed Tuesday by the trustee in the Girardi Keese bankruptcy included nearly 500 separate claims from litigation financing firms, law firms, consulting firms, media companies, vendors, former employees and others. It also lists 5,276 clients, including 970 minors, who may be owed money.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Keri L. Costello | August 12, 2021
Because the financing statements identified the individual debtor with his middle name abbreviated, the court concluded that the financing statements were defective and, therefore, that the lender's security interest had not been perfected.
By Amanda Bronstad | August 9, 2021
A Girardi Keese bankruptcy trustee is set to transfer more than 150 lawsuits filed over transvaginal mesh devices and concussions of professional football players to other law firms after Erika Girardi abruptly dropped her objection.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | July 29, 2021
The preferred method of acquiring distressed assets from an owner facing significant liabilities is often through a sale under Section 363 of the Bankruptcy Code. In fact, many practitioners today view Chapter 11 as more of a vehicle to convey assets rather than reorganizing around them.
The Legal Intelligencer | News
By Jane Wester | July 8, 2021
In a press statement, Pennsylvania Attorney General Josh Shapiro said the deal was "not perfect. The Sacklers have used bankruptcy as a shield for true accountability for their role in jet-fueling this epidemic that takes 13 lives a day in our Commonwealth."
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | July 8, 2021
The Bankruptcy Code encourages service and good suppliers to continue to do business with a company in Chapter 11 by providing that amounts owed for post-petition services and deliveries are eligible to receive administrative claim status if they provide a benefit to the estate, meaning that their claims are paid in full before pre-petition unsecured claims.
By Ellen Bardash | July 2, 2021
The number would be the highest-ever for sexual abuse claims in a U.S. court. The case is being handled in bankruptcy proceedings in Delaware.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa, Jr. and Drew S. McGehrin | June 25, 2021
As a continuation of the ongoing disputes that began with a challenged "structured dismissal" in the Jevic Holdings Corp. bankruptcy case, the U.S. Bankruptcy Court for the District of Delaware recently rendered a decision addressing the rights and obligations of a trustee who has been appointed after a debtor's Chapter 11 case converts to one under Chapter 7 of the Bankruptcy Code.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Patrick M. Ryan | June 23, 2021
Until recently, the amount of the quarterly fees assessed differed depending upon whether a U.S. trustee or bankruptcy administrator was employed in the district where the case was pending.
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