Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | August 28, 2024
In the wake of the U.S. Supreme Court's landmark decision this June in Harrington v. Purdue Pharma, the U.S. Bankruptcy Court for the District of Delaware recently addressed a question left open by the Supreme Court—whether a bankruptcy court may still issue a preliminary (i.e., temporary) injunction of a creditor's claims against a nondebtor.
New York Law Journal | Analysis
By Corinne Ball | August 21, 2024
Beyond the precision that should be present in the pledge agreement, actually divesting control of a company may have unintended consequences.
Delaware Business Court Insider
By Victoria Pfefferle-Gillot | August 20, 2024
On Aug. 6, Bayard attorney Steven D. Adler spoke on an American Bankruptcy Institute Workshop (ABI) panel titled "Financial Distress/Good Faith."
By Theresa A. Driscoll | August 15, 2024
Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
The American Lawyer | Analysis
By Dan Roe | August 12, 2024
Kirkland's favorite bankruptcy destination appears off-limits for now, but competing firms haven't shied from the Southern District of Texas following a 2023 scandal.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | August 12, 2024
The court found that the simple administration of certain ownership interests of retail cannabis dispensaries "is not in and of itself necessarily equivalent to administering marijuana assets." And, as such, a Chapter 7 trustee could administer and monetize these ownership interests without violating the law.
Delaware Business Court Insider | News
By Ellen Bardash | August 8, 2024
Proponents of plans like the BSA's and Purdue Pharma's say they're the most efficient way to resolve tens of thousands of claims that would take significantly more time and resources to litigate separately in the tort system.
Delaware Business Court Insider
By Victoria Pfefferle-Gillot | August 7, 2024
Archer & Greiner announced that Natasha M. Songonuga has joined the firm's bankruptcy group as a partner in its Delaware office.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Tori L. Remington | July 29, 2024
In a recent decision, the U.S. Supreme Court addressed the appropriate remedy for the prior discriminatory application of U.S. Trustee quarterly fees in Chapter 11 cases.
By Michael L. Cook | July 22, 2024
Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.
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