By Rudolph J. Di Massa Jr. and Keri L. Costello | October 1, 2020
In In re Smith, the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.
The Legal Intelligencer | News
By Erica Silverman | September 1, 2020
The eight partners include Chicago lawyers Robert Fishman and Brian Shaw, who were co-chairmen of Fox Rothschild's financial restructuring and bankruptcy department.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa, Jr. and Geoffrey A. Heaton | August 13, 2020
In a recent decision, the U.S. Bankruptcy Court for the Southern District of New York held that claim disallowance issues under Section 502(d) of the Bankruptcy Code "travel with" the claim, and not with the claimant.
The Legal Intelligencer | News
By P.J. D'Annunzio | August 5, 2020
"We now clarify that Bankruptcy Code 'standing' is not constitutional standing (and thus is not jurisdictional) and that Chapter 7 trustees can relinquish the statutory authority to pursue a claim back to a creditor," Judge Bibas said.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | July 30, 2020
Under the Bankruptcy Code, not only can the initial recipient of a fraudulent conveyance be held liable, but so too can a subsequent transferee. However, there can be important nuances in the challenged transaction that may provide a subsequent transferee with a substantial defense. One of those nuances was recently identified by the U.S. Court of Appeals for the Tenth Circuit
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | July 9, 2020
Today we examine another provision of the code—Section 525—the anti-discrimination section, and its implications during COVID-19.
The Legal Intelligencer | News
By Erica Silverman | June 26, 2020
"In the 2008-2009 recession, large firms were hit harder, because they are more dependent on large transactions, major litigation, and big projects. To some extent, we are seeing the same pattern," said Eric Seeger of Altman Weil.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Malcolm Bates | June 26, 2020
In In re Juarez, 603 B.R. 610 (9th Cir. BAP 2019), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit addressed a question of first impression in the circuit with respect to property that is exempt from creditor reach.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | June 11, 2020
The U.S. Bankruptcy Court for the District of Connecticut has made clear in a recent ruling, that COVID-19 does not change the law.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | June 3, 2020
The long term implications of the pandemic caused by COVID-19 and the resulting unprecedented drastic actions by state and municipal governmental entities in issuing "stay at home" and "shelter in place" orders has yet to be determined, but the short term effects are unfolding each day.
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