Joseph N. Argentina Jr.

March 03, 2020 | The Legal Intelligencer

As we all know, understanding the applicable statute of limitations for bringing a claim is of critical importance. When bankruptcy is involved, the typical result under state law can be affected by a bankruptcy filing.

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

7 minute read

January 06, 2020 | The Legal Intelligencer

The provisions of the Bankruptcy Code sometimes conflict with other federal laws and regulations. A debtor that operates in a highly regulated industry often faces additional hurdles in administering its bankruptcy case that would be routine in other Chapter 11 proceedings.

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

8 minute read

December 06, 2019 | The Legal Intelligencer

The First Circuit found the funds did not constitute an implied partnership-in-fact, reversed the decision of the district court, and held withdrawal liability could not be imposed.

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

10 minute read

October 17, 2019 | The Legal Intelligencer

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.

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

8 minute read

September 05, 2019 | The Legal Intelligencer

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.

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

9 minute read

June 06, 2019 | The Legal Intelligencer

The topic of when and who can assert claims against insiders for breach of fiduciary duty and related matters is often confusing when it involves a bankruptcy estate.

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

7 minute read

April 16, 2019 | The Legal Intelligencer

One of the powerful benefits of bankruptcy is the ability to obtain a “fresh” start by obtaining a discharge of most, but not all claims that arose prior to the filing of the bankruptcy case.

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

10 minute read

March 04, 2019 | The Legal Intelligencer

As we have noted before, one of the advantages of a bankruptcy filing is bringing most claims held by or against the debtor into one forum—the bankruptcy court—to be resolved as part of administration of the bankruptcy case.

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

7 minute read

January 03, 2019 | The Legal Intelligencer

Today we report on a case where a Chapter 7 trustee took the position that a 74-year-old man suffering from various illnesses, who was thrown in jail on a bench warrant and was told by deputy sheriffs “your body or your money,” voluntarily paid the bench warrant amount if the only other choice he was given was to remain in jail.

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

8 minute read

December 06, 2018 | The Legal Intelligencer

One assumes that the decision to file a bankruptcy case is made by the debtor. However, a bankruptcy case can be commenced “against” the debtor by creditors. Given the serious implications for the debtor and its business of being forced into bankruptcy, the Bankruptcy Code limits who can attempt to place a debtor into bankruptcy.

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

9 minute read