Daily Business Review | Commentary
By Charles M. Tatelbaum and Christina V. Paradowski | September 14, 2021
On Aug. 19, the Bankruptcy Court for the Eastern District of Wisconsin issued a decision that serves as a warning and a reminder for business and individuals alike who obtain personal guarantees as part of their business dealings. Indeed, an unconditional, absolute and irrevocable personal guaranty may not be so after all.
By Meghann M. Cuniff | September 13, 2021
A new complaint accuses Eagan and his solo practice of accepting money from Avenatti between 2014 and 2016 that Eagan allegedly knew should have instead gone to Eagan Avenatti's growing list of creditors.
By Raychel Lean | September 10, 2021
"I think people sometimes try to bully us because we're women. They come at you much more aggressively to see if that will rattle you."
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | September 10, 2021
A recent case of first impression from the U.S. Court of Appeals for the Third Circuit provides guidance on this important decision for those claims that arise during the period between plan confirmation and the plan's effective date.
New York Law Journal | Commentary
By Ed Neiger | September 10, 2021
Johnson & Johnson is considering offloading liabilities from its talc litigation into a newly created subsidiary that would then seek bankruptcy protection.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | September 8, 2021
The U.S. Bankruptcy Court for the District of Delaware addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.
By Steven B. Smith and Rachel Ginzburg | September 2, 2021
If you think public policy favoring the freedom to file a Chapter 11 trumps the freedom to negotiate specific restrictions to such a filing, think again.
By Amanda Bronstad | September 2, 2021
L. Everett & Associates, an environmental consulting firm based in Santa Barbara, is one of 500 creditors in the Girardi Keese bankruptcy. The firm, which has a $200,000 claim, worked for 20 years with Girardi Keese, often on cases referred by Erin Brockovich. "There was a time when the checks stopped coming, and we became quite nervous," said CEO Lorne Everett.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | September 2, 2021
The SBRA created a new "Subchapter 5" of the U.S. Bankruptcy Code that enables small businesses to use many of the provisions of Chapter 11, but without many of the costs and burdens of a typical Chapter 11 proceeding.
By Jane Wester | September 1, 2021
Drain acknowledged the pain wrought by the opioid crisis and said he would like to see a larger settlement than the $4.5 billion reached after extensive negotiation, but he said he is unwilling to "risk" the agreement in exchange for the possibility of a larger number.
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