The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Jarret P. Hitchings | November 14, 2019
Discussions of student debt often include the blanket assumption that not even bankruptcy can relieve a borrower of his student loan obligations. While this assumption is incorrect, a debtor must provide compelling evidence that an undue hardship will result if the debtor is required to repay the loan.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | October 31, 2019
In the day-to-day practice of bankruptcy law, it may occasionally be tempting to dismiss "reservation of rights" language as unnecessary or unimportant—after all, a pragmatically minded court will consider the economic reality of the case before it, placing greater importance on the overall transaction at hand.
The Legal Intelligencer | Commentary
By Steve Schain | October 25, 2019
Most businesses fail, marijuana businesses fail more greatly, but neither marijuana businesses, nor their owners, are entitled to bankruptcy law protection.
By P.J. D'Annunzio | October 22, 2019
The Third Circuit has vacated the dismissal of an investment management company's lawsuit over its creditors' violation of an automatic stay in its bankruptcy proceedings.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | October 17, 2019
In litigation, the first question is where should the claim be adjudicated. In bankruptcy matters, additional complexity is involved given that bankruptcy court jurisdiction is governed by a separate federal statute.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Keri L. Wintle | October 3, 2019
In In re Snyder, the U.S. Court of Appeals for the Second Circuit addressed an issue of first impression and joined the Third, Ninth, Tenth and Eleventh circuit courts in recognizing an exception to the rule that a default judgment has no preclusive effect in nondischargeability proceedings.
The Legal Intelligencer | Commentary
By Francis J. Lawall and John Henry Schanne II | September 12, 2019
Equal treatment of claims in the same class within a plan of reorganization is an important creditor protection in Chapter 11. However, is it possible to provide certain benefits to some creditors within a single class and not others without running afoul of the Bankruptcy Code?
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | September 5, 2019
Sales of substantially all of a debtor's assets are commonplace in corporate Chapter 11 bankruptcies. In many cases, the proposed sale is the primary reason the case is filed. The sale is supervised and approved by the Bankruptcy Court.
The Legal Intelligencer | News
By Samantha Stokes | September 4, 2019
Kurt Mayr, who chaired the bankruptcy group at Bracewell, will now lead the practice at Morgan Lewis out of its New York and Hartford, Connecticut, offices.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Drew S. McGehrin | August 15, 2019
In TKC Aerospace v. Muhs (In re Muhs), 923 F.3d 377 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit held that a debt incurred as a result of a willful and malicious injury may nevertheless be dischargeable notwithstanding the provisions of 11 U.S.C. Section 523(a)(6).
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