The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | January 7, 2021
The 2020 pandemic and resulting economic upheaval has left many sectors of the economy— and employees and others who depend on them—in distress. Others have navigated the current environment better than expected.
By Justin Henry | January 5, 2021
"Unfortunately, it's no secret that a lot of businesses are struggling economically due to the pandemic" said David Braswell of Armstrong Teasdale, regarding a pickup in practices where Delaware is a key jurisdiction.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Diane J. Kim | December 23, 2020
In City of Chicago v. Fulton, the U.S. Supreme Court is poised to rule on whether a creditor must, under the automatic stay provision of the Bankruptcy Code, affirmatively return property to a debtor once she files a petition for relief.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | December 17, 2020
The automatic stay is arguably the most important protection the Bankruptcy Code provides a debtor. Sophisticated creditors know that actions taken in violation of the stay can result in serious judicial sanctions.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | December 4, 2020
One of the most misunderstood areas of law for nonbankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy additional complexities arise.
The Legal Intelligencer | News
By Katheryn Tucker | November 19, 2020
"There was a bankruptcy judge in the Western District of Pennsylvania who described this area of the law as the murky confluence of the bankruptcy estate and the marital estate," said the winning lawyer attorney, Eugene Malady.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Drew S. McGehrin | November 12, 2020
In In re Ellingsworth Residential Community Association, the U.S. Bankruptcy Court for the Middle District of Florida determined that a nonprofit community association engaged in the requisite "commercial or business activities" sufficient to qualify it as a "small business debtor" for purposes of filing a Chapter 11 petition under Subchapter V of the Bankruptcy Code.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Patrick M. Ryan | October 29, 2020
As gas and oil producers struggle to adjust to a new reality, transportation services agreements may be back on the chopping block in Chapter 11.
By Brenda Sapino Jeffreys | October 22, 2020
Reed Smith has argued that if David Molner's allegations were true, the Chapter 11 of Aramid Entertainment Fund, which he controlled, would not have been approved.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | October 15, 2020
Where tax liabilities are involved, one can anticipate tension between bankruptcy policy objectives and federal tax policy. So when does a tax liability claim arise in a bankruptcy case?
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