July 05, 2013 | The Legal Intelligencer
Absolute Priority Rule Absolutely Applies to InsidersMany 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 SalesAs 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 LossBusiness 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 PlansIt 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 CaseWith 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 CaseIn 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 BankruptcyOne 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
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