New York Law Journal | Analysis
By Mark B. Conlan and Noel L. Hillman | June 7, 2024
Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
New York Law Journal | Analysis
By William E. Curtin, Thomas R. Califano, Anthony R. Grossi and Veronica A. Courtney | June 7, 2024
While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.
New York Law Journal | Analysis
By Dan McElhinney and Jorian Rose | June 7, 2024
Courts have limited standing to pursue those actions to parties who can be classified as a "representative of the estate" under Section 1123 of the Bankruptcy Code. The Fifth Circuit's recent ruling in 'In re South Coast Supply' may change all that.
By Jimmy Hoover | June 6, 2024
Justice Sonia Sotomayor, writing for the court, stated that an insurer is a "party in interest" that can object when it "may be directly and adversely affected by the reorganization plan."
By Amanda Bronstad | June 4, 2024
The Oregon jury's verdict, which included $200 million in punitive damages, followed a month of trial in a case brought by Kyung Lee, diagnosed with mesothelioma after decades of being exposed to Johnson & Johnson's baby powder.
By Dan Roe | June 3, 2024
Sponsors and lenders are rapidly losing patience with foundering, overleveraged companies.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | June 3, 2024
In 530 Donelson, the U.S. Bankruptcy Court for the Middle District of Tennessee recently considered whether orders entered by a Tennessee state court appointing and empowering a receiver deprived the limited liability company's owners of authority to file a bankruptcy case for the company.
By Patrick Smith | June 3, 2024
The group includes Jennifer Daly, the co-head of King & Spalding's global finance and restructuring practice at the time of her departure.
By Amanda Bronstad | May 31, 2024
On Thursday, Beasley Allen and the plaintiffs' steering committee in the talc multidistrict litigation filed motions to quash subpoenas sought by Johnson & Johnson in the talc litigation.
By Brenda Sapino Jeffreys | May 30, 2024
Jackson Walker alleges in court filings that former U.S. Bankruptcy Judge David Jones directed the firm to use a disclosure statement for representation requests that the firm considered "insufficient, adequate, and misleading" to describe his relationship with a partner at the firm.
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