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Andrew C. Kassner

Andrew C. Kassner

July 30, 2012 | The Legal Intelligencer

Upstream Guaranties, Security Interests Ruled Fraudulent Transfers by 11th Circuit

No segment of the United States economy was more affected by the Great Recession than the homebuilding industry. Only now, in 2012, are signs of recovery beginning to emerge. It is fitting that one of the most significant bankruptcy cases — if measured by law-firm alerts, panel discussions and email blasts — involves a bankrupt homebuilder. This case also demonstrates how judges can review the same factual record and come to opposite legal conclusions.

By Andrew C. Kassner and Joseph N. Argentina Jr.

10 minute read

May 24, 2012 | The Legal Intelligencer

Avoidance Actions Against Seller Void Purchased Bankruptcy Claims

In addition to adjudication of business restructurings or sales of businesses or assets, the administration of bankruptcy cases involves two substantial undertakings: the allowance and fixing of claims against the debtor and the recovery, or "avoidance," of prepetition transfers such as fraudulent transfers and preferences for the benefit of the estate.

By Andrew C. Kassner and Joseph N. Argentina Jr.

12 minute read

October 31, 2012 | The Legal Intelligencer

American Airlines Rejects Its Collective Bargaining Agreements

Airlines have been frequent visitors to the bankruptcy system over the past 20 years. Several airlines have made round trips to the bankruptcy courts.

By Andrew C. Kassner and Joseph N. Argentina Jr.

9 minute read

July 05, 2013 | The Legal Intelligencer

Absolute Priority Rule Absolutely Applies to Insiders

Many years ago, one of the co-authors of this article attended a bankruptcy judges' conference and sat in on a session on bankruptcy appellate practice.

By Andrew C. Kassner and Joseph N. Argentina Jr.

8 minute read

June 21, 2011 | The Legal Intelligencer

Who Can Complain?

For decades, state and federal dockets have been filled with lawsuits involving claims related to the manufacture, distribution, and use of materials containing asbestos

By Andrew C. Kassner and Joseph N. Argentina Jr.

10 minute read

April 29, 2011 | The Legal Intelligencer

The Fog of War, Bankruptcy Sales

As the stock markets continue to climb toward their pre-2008 highs, the memories of the chaotic events that shook the financial markets in September 2008 and launched the "Great Recession" are fading into history. During that period in 2008, a phenomenon occurred in the bankruptcy system that became known as "quick sales."

By Andrew C. Kassner and Joseph N. Argentina Jr.

10 minute read

May 27, 2010 | The Legal Intelligencer

The Trump Brand Deals Icahn a Chapter 11 Loss

Business bankruptcy Chapter 11 filings soared over the past 18 months as the country confronted its deepest recession in decades.

By Andrew C. Kassner And Joseph N. Argentina Jr.

8 minute read

March 15, 2011 | The Legal Intelligencer

To Err Is Human, to Release, Divine: Third-Party Releases in Chapter 11 Plans

It is well-established that a basic foundation of Chapter 11 reorganization is that the debtor receives a discharge of most of its pre-bankruptcy debts.

By Andrew C. Kassner And Joseph N. Argentina Jr.

9 minute read

July 02, 2010 | The Legal Intelligencer

What Constitutes 'Good Faith' in Filing for Bankruptcy?

At some point in their careers, all litigators receive the call advising that a case they are preparing for trial is being stayed because one of the parties has filed for bankruptcy. Filing bankruptcy implicates myriad possible issues.

By Andrew C. Kassner and Joseph N. Argentina Jr.

9 minute read

January 27, 2011 | The Legal Intelligencer

Usury Savings Clause Doesn't Protect Lender in Bankruptcy Case

With published reports stating public company Chapter 11 filings declined by 50 percent over the past year and economic indicators pointing toward some level of economic recovery, we asked restructuring specialists what we can expect in 2011.

By Andrew C. Kassner and Joseph N. Argentina Jr.

7 minute read