Kenneth A Listwak

October 27, 2022 | The Legal Intelligencer

In Windstream, the U.S. District Court for the Southern District of New York, on appeal, found that while certain business practices—a potentially false targeted advertising campaign—may be illegal, it did not follow that such actions were necessarily an attempt to exercise control of estate property.

By Francis J. Lawall and Kenneth A. Listwak

10 minute read

May 05, 2022 | The Legal Intelligencer

It arguably goes without saying that when entering into a stipulation or any settlement in a bankruptcy proceeding that purports to resolve the entire amount and treatment of a claim, the terms of such agreement must fully and clearly reflect the intent of the parties.

By Francis J. Lawall and Kenneth A. Listwak

6 minute read

July 29, 2021 | The Legal Intelligencer

The preferred method of acquiring distressed assets from an owner facing significant liabilities is often through a sale under Section 363 of the Bankruptcy Code. In fact, many practitioners today view Chapter 11 as more of a vehicle to convey assets rather than reorganizing around them.

By Francis J. Lawall and Kenneth A. Listwak

12 minute read

May 06, 2021 | The Legal Intelligencer

Situations where a debtor places a product into the stream of commerce, which over time causes harm to those exposed, gives rise to questions such as when and whether a claim arises, and further how do you get proper notice to those persons so that a claims bar date will be binding?

By Francis J. Lawall and Kenneth A. Listwak

9 minute read

December 17, 2020 | The Legal Intelligencer

The automatic stay is arguably the most important protection the Bankruptcy Code provides a debtor. Sophisticated creditors know that actions taken in violation of the stay can result in serious judicial sanctions.

By Francis J. Lawall and Kenneth A. Listwak

7 minute read

June 11, 2020 | The Legal Intelligencer

The U.S. Bankruptcy Court for the District of Connecticut has made clear in a recent ruling, that COVID-19 does not change the law.

By Francis J. Lawall and Kenneth A. Listwak

7 minute read

December 19, 2019 | The Legal Intelligencer

In complex Chapter 11 cases, practitioners often encounter legal issues that extend well beyond the Bankruptcy Code.

By Francis J. Lawall and Kenneth A. Listwak

13 minute read

October 31, 2019 | The Legal Intelligencer

In the day-to-day practice of bankruptcy law, it may occasionally be tempting to dismiss "reservation of rights" language as unnecessary or unimportant—after all, a pragmatically minded court will consider the economic reality of the case before it, placing greater importance on the overall transaction at hand.

By Francis J. Lawall and Kenneth A. Listwak

9 minute read

May 09, 2019 | The Legal Intelligencer

Even under the most sympathetic of circumstances, courts are charged with respecting the integrity of deadlines and employing a cool, impartial approach to everyone, including the most desperate of late claimants.

By Francis J. Lawall and Kenneth A. Listwak

6 minute read

December 20, 2018 | The Legal Intelligencer

A recent decision from the U.S. Court of Appeals for the Third Circuit in the high-profile Revel AC bankruptcy case, however, serves as a warning that reliance on the typical “free and clear” language in a sale order is not always a safe bet, see IDEA Boardwalk v. Revel Entertainment Group (In re Revel AC ), Case No. 17-3607 (3d Cir. Sept. 26, 2018).

By Francis J. Lawall and Kenneth A. Listwak

7 minute read