Bankruptcy

  • The Legal Intelligencer

    Court: Debt to Paramour Obtained by Fraud Partially Nondischargeable

    By Rudolph J. Di Massa, Jr. and Jarret P. Hitchings | October 5, 2017

    Pursuant to Section 727(a) of the Bankruptcy Code, an individual debtor can obtain a discharge of his pre-petition debts, see 11 U.S.C. Section 727(a). In general, the effect of a discharge is to relieve the debtor from all debts that arose before the date the debtor filed for bankruptcy protection.

  • New York Law Journal | Analysis

    Retail Bankruptcy Trends

    By Gary Eisenberg | October 4, 2017

    Gary Eisenberg writes: Retail bankruptcies continue apace in 2017. Their effects on commercial real estate are potentially widespread. What has been less well understood is how changes to the Bankruptcy Code from over a decade ago and trends in bankruptcy practice have combined to limit considerably the likelihood that any retailer filing for Chapter 11 bankruptcy relief can emerge successfully as a reorganized company.

  • New Jersey Law Journal

    Kirkland, Kutak Rock Unite Again in Toys 'R' Us Bankruptcy

    By Brian Baxter | October 2, 2017

    Kirkland & Ellis and Kutak Rock, which have previously partnered up this year on Chapter 11 cases for Gymboree Retail Stores Inc. and Gordmans Stores…

  • Daily Report Online | News

    Insurer Must Pay Damages Not Covered by Workers' Comp, Appeals Court Says

    By Greg Land | October 2, 2017

    The Georgia Court of Appeals agreed with a trial judge that an insurer must pay $100,000 in uninsured/underinsured motorist coverage to a car wreck victim, even though workers' compensation had already paid him nearly twice that.

  • New Jersey Law Journal

    Large Bankruptcy Cases Continue to be Forum Shopped out of NJ

    By Daniel M. Stolz | October 2, 2017

    The Bankruptcy Law Section of the NJSBA is considering support for proposed legislation that would alter the venue provisions regarding bankruptcy cases, to restrict the filing of large corporate cases to the state in which the principal place of business and principal assets of that company are located.

  • International Edition

    Stephenson Harwood takes role on Monarch administration with Freshfields and Kirkland

    By Joseph Evans | October 2, 2017

    City firm joins Freshfields and US leader Kirkland on UK's largest ever airline collapse

  • Daily Report Online

    Insolvencies—An Overview of Chapter 15 of the Bankruptcy Code

    By Gary W. Marsh and Caryn E. Wang, Dentons US | October 2, 2017

    Over the last decade, cross-border trade and investment opportunities have increased, and Georgia stands as a great example of such opportunities. Although the increase in international trade and investment has created more business opportunities, it has also increased the need and importance of coordinated cross-border insolvency proceedings.

  • The American Lawyer

    Kirkland, Kutak Rock Unite Again in Toys 'R' Us Bankruptcy

    By Brian Baxter | September 29, 2017

    The two firms, which have partnered up on Chapter 11 cases for Gymboree and Gordmans, have now submitted court papers showing how much they intend to charge—and have already been paid—for their roles representing another ailing retailer. Another bankrupt Kirkland client paid $47.5 million to the firm within the past year.

  • Daily Business Review

    Toys 'R' Us—Not the Last LBO Shoe to Drop

    By Commentary by Charles M. Tatelbaum | September 28, 2017

    Apparently, Toys "R" Us has been suffering from many of the maladies that affect traditional retailers today, and that environment has contributed to the many insurmountable obstacles facing the toy and children's retailer, writes Charles M. Tatelbaum.

  • New York Law Journal

    Directors, Officers, Creditors Beware: D&O Coverage Narrowed in Bankruptcy Cases

    By David M. Banker, Wojciech F. Jung and Eric Jesse | September 27, 2017

    David M. Banker, Wojciech F. Jung and Eric Jesse write that the benefits of directors and officers insurance policies have been curtailed by the breadth of some courts' broad application of the "insured vs. insured" exclusion, which is common to D&O policies. Some courts have expanded the exclusion's scope to reach claims brought by or on behalf of the bankruptcy estate against insured directors and officers. Nevertheless, there are certain steps that bankruptcy and insurance practitioners can take to avoid or minimize the pitfalls of the insured vs. insured exclusion.

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