By Allison Dunn | May 17, 2022
"My position from day one was that if this outcome was different, it would basically put a thorn in the side of the bankruptcy practice—that bankruptcy practitioners would be nervous about handling cases such as this because of the automatic stay," said solo practitioner Constant S. Poholek Jr., who was sued after filing a Chapter 13 bankruptcy petition for a client on the eve of a foreclosure sale.
By Colleen Murphy | May 16, 2022
Addressing a question of first impression, a divided panel of the U.S. Court of Appeals for the First Circuit has ruled that the U.S. Bankruptcy Code strips Native American tribes of their sovereign immunity.
By Gerard S. Catalanello and Kimberly (Kodis) Schiffman | May 10, 2022
A summary of the factors that courts have considered and will likely continue to consider when addressing dischargeability of private student loans under the Bankruptcy Code, and a cautionary word for practitioners considering whether to put forth an argument to the contrary.
New York Law Journal | Analysis
By Stuart B. Newman and Steven H. Newman | May 10, 2022
This article provides a discussion of what features of Subchapter V differentiate it from a regular Chapter 11 and make it more appealing to small businesses.
By Cheryl Miller | May 9, 2022
The state bar will pay for Girardi bankruptcy trustee Elissa Miller to sort through the former trial lawyer's records for documents that could show whether he used his connections at the bar to avoid public discipline.
Daily Report Online | Letter to the Editor
By Everett Catts | May 9, 2022
On behalf of the State Bar of Georgia, I would like to express condolences to the family, colleagues and many friends of longtime Atlanta bankruptcy…
By Dan Roe | May 6, 2022
After 22 years at Bilzin Sumberg, Jay Sakalo is leaving to oversee Scott Holdings LLC, a family office with institutional and private equity investments previously run by Bilzin client Steven Scott, M.D.
By Colleen Murphy | May 6, 2022
In a case scrutinizing the management of an asbestos trust, the trust's advisory committee has withdrawn a motion to redact the names of the law firms involved in alleged wrongdoing.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | May 5, 2022
It arguably goes without saying that when entering into a stipulation or any settlement in a bankruptcy proceeding that purports to resolve the entire amount and treatment of a claim, the terms of such agreement must fully and clearly reflect the intent of the parties.
New Jersey Law Journal | Analysis
By David E. Sklar and Cheryl A. Santaniello | May 4, 2022
Federal bankruptcy courts have been unavailable to marijuana businesses due to the Schedule I status of marijuana. To fill the void, marijuana businesses will need to avail themselves of state law bankruptcy alternatives to provide financial relief.
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