December 06, 2019 | The Legal Intelligencer
No Private Equity Fund Responsibility for Company's Pension Withdrawal LiabilitiesThe 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
Bankruptcy Court Jurisdiction Does Not Always Narrow After ConfirmationIn 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
8th Circuit Affirms Dismissal of Lawsuit Attacking Approved Bankruptcy SaleSales 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
Creditors of Insolvent Limited Partnerships Lack Standing to Pursue Derivative ClaimsThe 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
Environmental Contamination Claims Discharged in BankruptcyOne 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
Fifth Circ. Distinguishes Derivative Versus Individual Claims Against Third PartiesAs 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
Threat of 'Your Money or Your Body' Renders Payment InvoluntaryToday 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
Partially Disputed Claim Is a Bona Fide Dispute and Cannot Support Involuntary BankruptcyOne 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
October 18, 2018 | The Legal Intelligencer
Court Examines Value in Parent Guaranty and Affiliate Debt PaymentVendors are often confronted with the classic dilemma when a customer becomes financially distressed and falls behind. Do they continue to do business with the customer and attempt to obtain credit support, which may be the better way to get paid—or “cut the cord,” terminate the relationship, and initiate collection?
By Andrew C. Kassner and Joseph N. Argentina, Jr.
7 minute read
September 06, 2018 | The Legal Intelligencer
Fishing in the Waters of Bankruptcy Rule 2004The trustee in bankruptcy acts as a fiduciary for all creditors to identify assets and administer the bankruptcy estate. Usually the trustee…
By Andrew C. Kassner and Joseph N. Argentina Jr.
9 minute read
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