The Legal Intelligencer | Commentary
By Alexis Leventhal, Richard Tannenbaum and Victoria Smith | June 29, 2023
Article 9 of the Uniform Commercial Code (UCC) governs secured transactions, and Part 6 of this article governs the rights and duties of the parties in the event of default. In the event of default by a debtor, a secured party may repossess the collateral and dispose of it through a sale, lease, license, or other form of disposition.
By Avalon Zoppo | June 27, 2023
Judges are divided on the use of the "Texas two-step," in which companies facing potential mass tort liability attempt to gain Chapter 11 protection from claims.
By Amanda Bronstad | June 26, 2023
Starting on Tuesday, U.S. Chief Bankruptcy Judge Michael Kaplan will hear four days of arguments and testimony on whether to dismiss the second Chapter 11 case of Johnson & Johnson subsidiary LTL Management.
By Alexander Lugo | June 26, 2023
The commercial real estate market in particular is getting choppier, and practitioners are increasingly taking advantage of receiverships and assignment for benefit of creditors.
By Amanda Bronstad | June 20, 2023
The $25 million, sent last week to bankruptcy trustee Elissa Miller, comes from attorney fees owed to the Girardi Keese estate from the $1.8 billion settlement over the 2015 gas leak in the Porter Ranch neighborhood of Los Angeles.
Delaware Business Court Insider | News
By Colleen Murphy | June 16, 2023
"It is black letter law in this Circuit that the gold standard for determining the value of an asset is to sell it in an open and fair market," stated U.S. Bankruptcy Judge Brendan Linehan Shannon. "A thing is worth what a willing buyer will pay to a willing seller following a proper marketing process.
The American Lawyer | Analysis
By Dan Roe | June 16, 2023
In the Instant Brands bankruptcy and others, private equity firms are using high interest rates and supply-chain disruptions as cover to clean up their balance sheets, bankruptcy lawyers said.
Delaware Business Court Insider | Commentary
By Robert B. Greco | June 14, 2023
A recent opinion from the U.S. Bankruptcy Court for the District of Delaware, In re CII Parent, provides helpful guidance on drafting proxies and highlights potential pitfalls for the unwary, including in relation to the proxyholder's power to execute and deliver stockholder consents.
By Ross Todd | June 14, 2023
Jim Bromley and Ben Walker of Sullivan & Cromwell helped persuade a bankruptcy judge that MLB had offered to reacquire telecast rights from Diamond Sports Group, which owns regional sports networks that broadcast multiple teams' games.
National Law Journal | Commentary
By Todd Zywicki | June 13, 2023
The dynamics of this case illustrate the dangers posed by the intersection of bankruptcy law with the modern tort system.
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