By Amanda Bronstad | June 11, 2024
In 2023, the Third Circuit found that LTL was not in financial distress when it filed for Chapter 11, in part because of a funding agreement it had with Johnson & Johnson.
By Amanda Bronstad | June 11, 2024
The U.S. Court of Appeals for the Fourth Circuit has agreed to take up a bankruptcy involving the controversial "Texas two-step," potentially deciding the merger tactic's fate in future Chapter 11 cases. The opening brief is due July 10.
By Justin Henry | June 11, 2024
Recruiter Sharon Mahn's estate has sought to pursue claims of abuse of process and sexual harassment against former employer Major Lindsey, which fired Mahn in 2009 and has been in contentious litigation with her ever since. Now, claims against Mahn's estate, including a $2.86 million arbitration award for Major Lindsey, are scheduled to be discharged, barring objections from creditors.
Delaware Law Weekly | Event|On the Move
By Victoria Pfefferle-Gillot | June 10, 2024
The bankruptcy section of the Delaware State Bar Association (DSBA) is scheduled to hold a live CLE titled "Bankruptcy Nuts and Bolts 2024" from 9 a.m. to 12:30 p.m. on June 12.
By Michael A. Mora | June 7, 2024
"It is extraordinary that in this case, there were so many important details that were not included in the disclosure statement that are key to the ultimate decision of whether you approve the plan or not," said Adam Moskowitz, managing partner at the Moskowitz Law Firm.
New York Law Journal | Analysis
By Schuyler Carroll and Tia Thevenin | June 7, 2024
Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
New York Law Journal | Analysis
By James Sullivan | June 7, 2024
Updating the NY UCC will further New York's well-established policy of encouraging New York choice of law and jurisdiction in commercial contracts and will help facilitate ever-growing electronic commerce in New York.
New York Law Journal | Analysis
By Mark B. Conlan and Noel L. Hillman | June 7, 2024
Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
New York Law Journal | Analysis
By William E. Curtin, Thomas R. Califano, Anthony R. Grossi and Veronica A. Courtney | June 7, 2024
While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.
New York Law Journal | Analysis
By Dan McElhinney and Jorian Rose | June 7, 2024
Courts have limited standing to pursue those actions to parties who can be classified as a "representative of the estate" under Section 1123 of the Bankruptcy Code. The Fifth Circuit's recent ruling in 'In re South Coast Supply' may change all that.
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