Joseph N Argentina Jr

January 04, 2013 | The Legal Intelligencer

Venue is among the more controversial and politicized aspects of bankruptcy law. While the country watches with unease the debate in Washington unfold regarding the fiscal cliff, bankruptcy practitioners continue to debate their own political issue — bankruptcy venue. The decision regarding where a lawsuit is filed and adjudicated is an important decision.

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

10 minute read

July 26, 2011 | The Legal Intelligencer

As the old saying goes, "History repeats itself."

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

12 minute read

May 17, 2013 | The Legal Intelligencer

In Secured Lending 101, we learn that the general rule is "first in time, first in right." Well, how does one determine who is "first in time"? Generally, secured lenders may rely on state and county recording offices to determine the priority of their lien against a borrower's property.

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

8 minute read

October 04, 2013 | The Legal Intelligencer

Today, who is and will be responsible for funding pension liabilities is a primary consideration in both private and public sector restructurings.

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

10 minute read

January 12, 2012 | The Legal Intelligencer

Well-respected and otherwise fully occupied business people and professionals are often invited to participate as members of nonprofit corporation boards of directors.

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

12 minute read

July 31, 2012 | The Legal Intelligencer

The lenders in In re Tousa all filed appeals to the U.S. District Court for the Southern District of Florida. The new lenders' appeal was stayed pending the outcome of the Transeastern lenders' appeal. In a sweeping and highly critical 113-page opinion issued in February, the District Court reversed the Bankruptcy Court on nearly every finding and conclusion and held the Transeastern lenders (1) could not be compelled to disgorge the funds paid and (2) were not liable as entities for whose benefit the conveying subsidiaries transferred the liens to the new lenders. In particular, the District Court noted that the Bankruptcy Court adopted virtually unchanged the proposed draft finding and conclusions submitted by the committee.

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

11 minute read

June 06, 2012 | Delaware Business Court Insider

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. A powerful provision of the Bankruptcy Code not well known except to bankruptcy specialists connects claim administration and transfer avoidance by providing that the holder of a claim against the debtor is not allowed to participate in any distribution if the holder of the claim has not returned the preference or other avoidable transfer to the estate, even if the amount of the claim far exceeds the amount of the preference.

By Andrew C. Kassner and Joseph N. Argentina Jr. The Legal Intelligencer

11 minute read

July 30, 2012 | The Legal Intelligencer

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

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

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