Bankruptcy

  • Daily Business Review

    11th Circuit Nixes Rule Barring Lawsuits Not Declared in Bankruptcy

    By Greg Land | September 21, 2017

    While such a plaintiff may be attempting to "manipulate the judicial process," the opinion said, a trial court should weigh the party's "level of sophistication," explanation for the omission and efforts to correct it before barring the civil litigation.

  • The American Lawyer

    Four Big Law Firms Grab Roles on Toys 'R' Us Bankruptcy

    By Meghan Tribe | September 19, 2017

    From bikes to trains to video games, a quartet of large law firms led by Kirkland & Ellis is advising on the Chapter 11 case of toy retail giant Toys “R” Us Inc., which became the latest in a string of struggling brick-and-mortar retailers to file for bankruptcy this year.

  • The Recorder

    In re CWS Enterprises, Inc.

    By therecorder | The Recorder | September 18, 2017

    9th Cir.; 14-17045 The court of appeals affirmed a district court judgment. The court held that a state court’s determination of a law firm’s…

  • The Recorder

    In re J.T. Thorpe, Inc.

    By therecorder | The Recorder | September 18, 2017

    9th Cir.; 15-56430 The court of appeals reversed a district court order and remanded. The court held that a stipulated agreement for an attorney’s…

  • New York Law Journal

    Hitting a Moving Target: Why Brick and Mortar Retail Is Alive and Well

    By Joshua A. Sussberg, Christopher T. Greco and Patrick Venter | September 15, 2017

    Joshua A. Sussberg, Christopher T. Greco and Patrick Venter write: The most common explanation for retail's recent market challenges has been a shift in consumer preferences to online sales. But online shopping only accounts for approximately 10 percent of the retail market share. So what gives?

  • The Legal Intelligencer

    Profit Sharing Ruled an Unenforceable Anti-Assignment Restriction

    By Francis J. Lawall 
and John Henry Schanne II | September 14, 2017

    A fundamental benefit of Chapter 11 is a debtor's ability to assume and assign executory contracts and unexpired leases over the objection of a nondebtor counterparty, even when the contract contains otherwise valid ­anti-assignment provisions. Moreover, as demonstrated in a recent decision by the U.S. District Court for the District of Delaware, this statutory tool can be used despite its negative ­impact upon the underlying economics of the original contract, as in Antone v. Haggen Holdings (In re Haggen Holdings), 2017 U.S. Dist. LEXIS 139272 (D. Del. Aug. 30).

  • The American Lawyer

    Kobre & Kim Continues Expansion With Hire of Insolvency Partner in NY

    By Scott Flaherty | September 13, 2017

    International disputes law firm Kobre & Kim has continued its string of recent hires with the addition of Daniel Saval, a cross-border insolvency partner who joins the firm's New York office from Brown Rudnick.

  • The Legal Intelligencer

    Court Adopts 'Probable' Standard for WARN Act Noticing

    By Andrew C. Kassner 
and Joseph N. Argentina Jr. | September 13, 2017

    Bankruptcy cases are often filed after a distressed company has ­determined the only way for the business to survive as a going concern is to pursue a sale. The sale process is conducted prior to the filing, and the case is filed, together with a request that the court approve the sale of the company pursuant to the terms of the negotiated sale agreement unless a higher offer is received. Often there is no alternative, and the question is whether the sale to the bidder will be approved and closed. If it does not close and the company is forced to liquidate, other federal laws may come into play.

  • The Recorder

    In the Matter of Spanish Peaks Holdings II, LLC

    By therecorder | The Recorder | September 12, 2017

    9th Cir.; 15-35572 The court of appeals affirmed a judgment. The court held that the bankruptcy court properly authorized the sale of the debtor’s…

  • The American Lawyer

    Madoff-Related Fees Grow to $925M for Baker & Hostetler

    By Roy Strom | September 7, 2017

    It's been nearly a decade since Irving Picard was appointed trustee of the funds recovered for victims of Bernard Madoff's massive Ponzi scheme. The matter is still generating payouts for victims and Baker & Hostetler, where Picard is a partner in New York.

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