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Joseph N Argentina Jr

Joseph N Argentina Jr

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

October 07, 2011 | The Legal Intelligencer

Bankruptcy Jurisdiction: Where Is the Site of the Fight?

Bankruptcy court jurisdiction might not be one of the most exciting aspects of bankruptcy practice, but, as is the case with all litigation, selection of the forum where the controversy will be heard and who will adjudicate the matter is often an important strategy consideration.

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

10 minute read

November 01, 2010 | The Legal Intelligencer

R.I.P. Frenville: 3rd Circuit Overrules Its Own Unpopular Case

In 1984, when one of the co-authors (you can guess which one) had been practicing for less than a year, the 3rd U.S. Circuit Court of Appeals issued one of its most controversial rulings in the area of bankruptcy law. The case -- In re Frenville -- addressed the fundamental issue of when a claim arises in bankruptcy.

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

10 minute read

December 07, 2010 | The Legal Intelligencer

Dubious Equivalents: Debate Continues Over Secured Lenders' Right to 'Credit Bid' in Bankruptcy

One of the great debates in bankruptcy law over the past year is whether a Chapter 11 debtor can hold a bankruptcy sale of a secured creditor's collateral without affording the creditor the right to "credit bid" the amount of the debt against the purchase price bid at the sale.

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

8 minute read