Delaware Business Court Insider | News
By Aleeza Furman | October 15, 2024
The plaintiff claimed he followed Offit Kurman's advice and, under the representation of the two Delaware firms, filed for bankruptcy.
The Legal Intelligencer | News
By Amanda O'Brien | October 14, 2024
Fox Rothchild's Michael Menkowitz, formerly the firm's financial restructuring and bankruptcy chair, has the highest rate among all the attorneys listed on the matter, bringing in $1,160 per hour.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | October 11, 2024
The Ninth Circuit reversed the decision of the U.S. Bankruptcy Court for District of Arizona, and in a case of first impression, held where the trustee avoids the portion of a tax lien attributable to penalties, the sale proceeds must be used first to pay in full the unavoided tax lien liability amount rather than allocating the proceeds pro rata.
By Dan Roe | October 4, 2024
The year is still on track to surpass 2023's business bankruptcy filings by 25%, a new report shows.
Delaware Business Court Insider | News
By Ellen Bardash | October 3, 2024
The gap between Delaware and the next most popular venue, the Southern District of Texas, widened in 2024.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Elisa Hyder | September 27, 2024
In the case of Avion Funding v. GFS Industries (In re GFS Industries), the U.S. Court of Appeals for the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.
By Michael L. Cook | September 25, 2024
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
New York Law Journal | Commentary
By Rachel Ehrlich Albanese, Dennis O'Donnell and Matthew Sarna | September 16, 2024
Debtors should carefully consider the impact of these contingencies in evaluating whether noncompete clauses survive rejection. Stepping back, companies should also review how they use noncompetes and explore other methods of safeguarding confidential data, intellectual property and trade secrets.
New York Law Journal | Commentary
By Kenneth A. Rosen | September 16, 2024
How do you check on a company's creditworthiness when the company is privately held and does not make its financial statements publicly available? The answer is that you need to check alternative sources of information for hints as to whether the company is experiencing problems.
By Michael Napoli | August 30, 2024
"Bankruptcy practitioners have long recognized that traditional Chapter 11 reorganizations are too complicated, too lengthy and too expensive for any but the largest businesses," writes Michael Napoli of Akerman.
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