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The Legal Intelligencer

Fourth Circuit: Discharge Exceptions Apply to Corporate Debtors in Subchapter V

In a matter of first impression not yet addressed by any circuit court, the U.S. Court of Appeals for the Fourth Circuit in the case of Cantwell-Cleary v. Cleary Packaging (In re Cleary Packaging), 36 F.4th 509 (4th Cir. 2022) addressed whether the discharge exceptions under Section 523(a) apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
9 minute read

Law.com

Chapter 11 Reorganization Plan Filed in J&J Talc Bankruptcy: 'Pennies on the Dollar'

A Johnson & Johnson subsidiary filed its Chapter 11 reorganization plan on Monday, but lawyers for talc claimants already raised concerns about it at a Tuesday hearing.
5 minute read

The American Lawyer

Shearman, Togut, Gibson Dunn and Wachtell Land Key Roles as Vice Media Files for Chapter 11

Corporate bankruptcy filings through April were higher than the first four months of any year since 2010, according to S&P Global data.
2 minute read

Law.com

'This Must End.' Talc Bankruptcy Lawyers Plan Fraud Lawsuit Against J&J

The draft complaint, attached to Thursday's motion, names Johnson & Johnson and 26 executives, many of them current and former members of its in-house legal team.
4 minute read

Law.com

Bankruptcy Aside, a Talc Trial Begins This Month Against Johnson & Johnson

The plaintiff, Anthony Hernandez Valadez, is 24 years old and alleges Johnson & Johnson's baby powder caused his diagnosis of a pericardial mesothelioma, a terminal cancer.
6 minute read

Daily Business Review

This South Florida Lawyer Just Became a Federal Judge

"My parents left Cuba many years ago and they sacrificed everything, and you can imagine their pride in having their daughter as a federal bankruptcy judge," the attorney said.
4 minute read

The Legal Intelligencer

Consulting Experts—When Privilege May Not Apply

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.
6 minute read

Law.com

Talc Bankruptcy Attorneys Raise 'Serious Concerns' About Future Claims Rep's Impartiality

At a Wednesday bankruptcy hearing, plaintiffs' lawyers raised concerns that Randi Ellis, whose re-appointment as the representative for future claims is pending, wasn't impartial anymore given her alleged involvement in preparing the second Chapter 11 case.
5 minute read

The American Lawyer

3 Years Later, COVID Moratoriums and Stimulus Sent Debtstoppers Into Chapter 11

COVID-era pauses on evictions and moratoriums ultimately brought Chicago's largest consumer bankruptcy firm to court for its own Chapter 11 filing.
3 minute read

Delaware Business Court Insider

Del. Bankruptcy Court Provides Important Guidance on Pleading Standard Applicable to Recent Addition to Section 547(b) of the Bankruptcy Code

The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
6 minute read

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