By Katheryn Tucker | October 19, 2018
Judge Billy Ray, who was just confirmed to a lifetime appointment to federal court, wrote the reversal released Tuesday, joined by Judges Chris McFadden and Brian Rickman.
New York Law Journal | Analysis
By Carlos J. Cuevas | October 18, 2018
The 'DeFreze' decision is reflective that Bankruptcy Code §523(a)(1) is intended to protect the taxing authorities.
Daily Business Review | Commentary
By Charles Tatelbaum | October 18, 2018
At the end of the summer, Delaware U.S. District Judge Richard G. Andrews issued an opinion in the case of Hargreaves v. Nuverra Environmental Solutions, which can have a profound benefit to unsecured trade creditors in bankruptcy cases where there is substantial leveraged secured debt and the value of the borrower's assets is less than the amount of the secured debt.
New York Law Journal | Analysis
By Julia Lu and David Daniels | October 12, 2018
Bankruptcy Judge Michael Wiles' decision in 'In re Westinghouse Electric Co.', 588 B.R. 347 (Bankr. S.D.N.Y. 2018), rejected a contention that two parties had reached a binding agreement to trade and offers valuable lessons for parties who wish to avoid a similar fate.
By Colby Hamilton | October 3, 2018
The suit claims Navient's practices diverted otherwise eligible borrowers from taking full advantage of federal loan forgiveness programs aimed at helping public-sector and nonprofit workers.
By Barbara M. Goodstein and Jennifer Kratochvil | October 3, 2018
In this Secured Transactions column, Barbara M. Goodstein and Jennifer Kratochvil write: The new Delaware division statute will likely provide efficiencies for corporate transfers and other transactions, but creditors need both to consider their existing finance agreements and be mindful in documenting new transactions of the effect of this new legislation in regard to limitations on such transfers and other transactions.
By Michael Booth | October 1, 2018
"A court may refuse to enforce an arbitration agreement when the party seeking arbitration waives its right to arbitration," U.S. District Judge Esther Salas said. "GC's 24-month delay is even longer than the delays in cases where the Third Circuit found waiver."
By Christopher Harris and Kristof Szoke | September 21, 2018
Bankruptcy can considerably complicate the evaluation of legal privilege, due to the presence of shifting corporate control, parties with rapidly changing stakes, and fiduciary duties owed to multiple entities with differing interests.
By James H. Millar | September 21, 2018
Explore why the Fifth Circuit's forthcoming decision in 'Ultra Petroleum' will have broad application.
By Leslie A. Berkoff | September 21, 2018
April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court for the Southern District of New York. During those four weeks, three Bankruptcy Judges issued opinions focusing on various aspects of Chapter 15 of the U.S. Bankruptcy Code.
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