By Marianna Wharry | February 28, 2023
"We agree with the bankruptcy court that Kupperstein's 'belated and illogical justifications only served to enhance the appearance of fraud,'" Rhode Island District Judge Mary S. McElroy wrote for the panel, sitting by designation.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | February 27, 2023
This case demonstrates that strong beliefs are not enough, but counsel presenting extensive evidence of repeated extraordinary behavior can be enough to support the issuance of prejudgment relief by a court.
New York Law Journal | Analysis
By John J. Rapisardi and Jacob T. Beiswenger | February 23, 2023
In this installment, the authors evaluate two constitutional issues arising from third-party releases: whether creditor consent to be bound by a third-party release is required to satisfy the due process clause of the Fifth and Fourteenth Amendments to the U.S. Constitution; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.
By Brad Kutner | February 22, 2023
The justices issued decisions on wages and hours, bankruptcy and a criminal appeal from a capital case.
By Majed Nachawati and Michael Gorwitz | February 22, 2023
Unfortunately, Johnson & Johnson is not the only financially stable corporation to attempt to use bankruptcy system to evade liability rather than as a good faith attempt to place itself back on sound financial footing.
By Corinne Ball | February 22, 2023
In her latest Distress M&A column, Corinne Ball discusses the recent decision in 'Elec. Reliability Council of Texas v. Just Energy,' which she believes participants in state-regulated industries, such as utilities, should pay special attention to. The decision, ordering abstention, "raises the possibility that a state-regulated debtor may face real challenges in a reorganization if it seeks to dramatically alter its obligations to a state or quasi-state agency."
By Everett Catts | February 17, 2023
"During the past few years, the country has seen unprecedented lows in bankruptcy filings," said Bruce Z. Walker, a partner with Cohen Pollock Merlin Turner in Atlanta. "Recently, bankruptcy filings have been starting to increase in the various bankruptcy chapters. This includes commercial bankruptcy filings."
Connecticut Law Tribune | News
By Emily Cousins | February 17, 2023
"We were the underdog, but we were the competent underdog," James K. Robertson of Carmody Torrance Sandak & Hennessey said.
By Amanda Bronstad | February 14, 2023
U.S. Chief Bankruptcy Judge Michael Kaplan said at a Tuesday hearing that Johnson & Johnson subsidiary LTL Management's rehearing petition would delay any potential mandate that would prompt him to dismiss the Chapter 11 case.
By Amanda Bronstad | February 13, 2023
On Monday, U.S. Bankruptcy Chief Judge Jeffrey Graham, in Indianapolis, told lawyers that dismissal arguments would be April 19 and April 20, possibly extending to April 21.
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