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
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.
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…
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.
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.
By Joseph Evans | October 2, 2017
City firm joins Freshfields and US leader Kirkland on UK's largest ever airline collapse
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.
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.
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.
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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