July 09, 2024 | New York Law Journal
Fifth Circuit Weighs In, Finds Section 523(a) Applies to Corporate Debtor in Subchapter VThe Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.
By Jeffrey M. Rosenthal, Vincent J. Roldan and Joshua S. Bauchner
7 minute read
January 27, 2022 | New Jersey Law Journal
The Big Dance: Bankruptcy Court to Analyze Texas Two StepJohnson & Johnson is using a restructuring strategy known as the Texas Two Step. The dance card is now set, and many are watching to see how the New Jersey bankruptcy court will view this move.
By Jeffrey M. Rosenthal and Vincent J. Roldan
9 minute read
December 09, 2005 | Corporate Counsel
Allowing Management Flight due to Bankruptcy FilingThe recently enacted federal bankruptcy act represents the most significant amendment to the bankruptcy code in 20 years. Among its sweeping changes are new provisions that will likely make it more difficult for a distressed company that files for Chapter 11 bankruptcy to retain key management personnel -- by making it more difficult to provide financial incentives and allowing greater scrutiny of their pre-filing conduct.
By Thomas R. Califano and Vincent J. Roldan
10 minute read