Francis J Lawall

September 09, 2024 | The Legal Intelligencer

In a recent decision, the U.S. Court of Appeals for the Third Circuit employed such an analysis and ordered the unwinding of a transaction involving transfers which passed through multiple related parties.

By Francis J. Lawall and Heather P. Smillie

7 minute read

July 29, 2024 | The Legal Intelligencer

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 Francis J. Lawall and Tori L. Remington

8 minute read

May 03, 2024 | The Legal Intelligencer

In a recent decision, the U.S. District Court for the District of Delaware upheld a bankruptcy court's ruling that a liquidating trust had the authority to pursue not only estate causes of action, but also third-party claims held by preference defendants and turned over to the trust as part of preference claim settlement consideration.

By Francis J. Lawall and Heather P. Smillie

8 minute read

February 09, 2024 | The Legal Intelligencer

The now infamous Chapter 11 bankruptcy case of FTX Trading Ltd. (FTX), once a multibillion-dollar cryptocurrency company, has reemerged in a dispute over this very important issue. On appeal, the U.S. Court of Appeals for the Third Circuit recently held that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth.

By Francis J. Lawall and Brenden S. Dahrouge

7 minute read

October 26, 2023 | The Legal Intelligencer

In upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.

By Francis J. Lawall and Brenden S. Dahrouge

7 minute read

September 07, 2023 | The Legal Intelligencer

The court affirmed the U.S. District Court for the Southern District of New York's decision that notes issued from the syndicated loan transaction were not securities under the application of the test set forth in the U.S. Supreme Court's decision in Reves v. Ernst & Young.

By Francis J. Lawall and Marcy J. McLaughlin Smith

8 minute read

July 27, 2023 | The Legal Intelligencer

Chapter 11 cases involving mass tort and complex personal injury claims often require the resolution of novel legal issues that stretch the bounds of existing precedent. As these cases evolve, they can also impact claims against other debtors unrelated to the case at hand through court-approved injunctions, releases or settlements.

By Francis J. Lawall and Brenden S. Dahrouge

6 minute read

June 08, 2023 | The Legal Intelligencer

With this ruling, six bankruptcy court decisions from the District of Oregon, the Eastern District of Kentucky, the District of Delaware, the Northern District of Texas, and the Southern District of New York have held that electricity is not a "good" and does not qualify under Section 503(b)(9). The ruling can make the differences between being paid in full as opposed to pennies (if any) on the dollar.

By Francis J. Lawall and Brenden Dahrouge

6 minute read

May 04, 2023 | The Legal Intelligencer

A recent decision by the Bankruptcy Court for the Northern District of Texas, Northwest Senior Housing v. Intercity Investment Properties (In re Northwest Senior Housing), addressed these important issues involving the retention of a public relations firm and highlights some important pitfalls to avoid.

By Francis J. Lawall and Marcy J. McLaughlin Smith

6 minute read

February 02, 2023 | The Legal Intelligencer

On Jan. 5, the U.S. Court of Appeals for the Fifth Circuit recently provided some additional color to the abstention issue by ruling that the U.S. Bankruptcy Court for the Southern District of Texas lacked jurisdiction to decide an exclusively state-governed question related to emergency energy price controls.

By Francis J. Lawall and Brenden Dahrouge

9 minute read