Daily Business Review | Commentary
By Zachary J. Bancroft and Aaron C. Garnett | September 21, 2022
On Aug. 25, the Florida Supreme Court issued an opinion in 1944 Beach Boulevard v. Live Oak Banking, No. SC21-1717 holding that Article 9 of the Florida Uniform Commercial Code (the UCC) is unforgiving with respect to any error in the debtor's name contained in a UCC-1 financing statement filed with the Florida Secured Transaction Registry (the Registry).
By Amanda Bronstad | September 19, 2022
Jeffrey Lamken, representing talcum powder claimants, argued before the U.S. Court of Appeals for the Third Circuit to reverse a bankruptcy ruling halting 38,000 talcum powder lawsuits against Johnson & Johnson. Hogan Lovells partner Neal Katyal represented Johnson & Johnson's bankrupt subsidiary LTL Management.
Delaware Law Weekly | On the Move
By Victoria Pfefferle-Gillot | September 19, 2022
The Knowledge Group, a provider of continuing education webcasts, is scheduled to host a live webinar titled, "Chapter 11 Bankruptcy Protection: Resolving Complex Issues in Reorganizations," on Tuesday, and Morris, Nichols, Arsht & Tunnell partner Andrew Remming is to serve as a speaker.
By James H. Millar | September 16, 2022
Bankruptcy courts continue to disagree about whether a provision in a subordination agreement that purports to allow the senior creditor to vote the subordinated creditor's claim is enforceable.
By Sherry Millman and Genna Grossman | September 16, 2022
While there is no clear resolution to the risks imposed to commercial landlords as a result of §502(b)(6), there are avenues to pursue to ensure that the claim cap does not become a claim trap.
By John Bae and Alexander Andrews | September 16, 2022
This article summarizes the key challenges associated with solving the asbestos litigation problem through the Chapter 11 restructuring process, and explains why an out-of-court restructuring transaction may be a preferred alternative.
By Eric Wise | September 16, 2022
Recent developments in the credit markets and in restructuring practices have led to priming financings and non-ratable roll-ups of commercial credit agreement lenders into uptiered facilities in connection with out-of-court balance sheet restructurings.
By Michael Rosella and Dan McElhinney | September 16, 2022
This article considers how the due diligence language added to Bankruptcy Code §547(b) might be applied to potential preference claims in a cryptocurrency bankruptcy case.
By Daniel B. Besikof and Noah Weingarten | September 16, 2022
This article explores questions and potential intercreditor issues surrounding two crypto-related bankruptcy cases.
The Legal Intelligencer | Analysis
By Justin Henry | September 15, 2022
"Transactional practices were hot for the last two years and we're now adjusting," said Matthew Summers, who co-leads Ballard's recently formed group and serves as co-leader of the firm's bankruptcy and restructuring group.
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