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News and information on bankruptcy and bankruptcy law
By Victoria Pfefferle-Gillot | June 10, 2024
The bankruptcy section of the Delaware State Bar Association (DSBA) is scheduled to hold a live CLE titled "Bankruptcy Nuts and Bolts 2024" from 9 a.m. to 12:30 p.m. on June 12.
1 minute read
By Michael A. Mora | June 7, 2024
"It is extraordinary that in this case, there were so many important details that were not included in the disclosure statement that are key to the ultimate decision of whether you approve the plan or not," said Adam Moskowitz, managing partner at the Moskowitz Law Firm.
5 minute read
By Schuyler Carroll and Tia Thevenin | June 7, 2024
Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
8 minute read
By James Sullivan | June 7, 2024
Updating the NY UCC will further New York's well-established policy of encouraging New York choice of law and jurisdiction in commercial contracts and will help facilitate ever-growing electronic commerce in New York.
8 minute read
By Mark B. Conlan and Noel L. Hillman | June 7, 2024
Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
9 minute read
By William E. Curtin, Thomas R. Califano, Anthony R. Grossi and Veronica A. Courtney | June 7, 2024
While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.
8 minute read
By Dan McElhinney and Jorian Rose | June 7, 2024
Courts have limited standing to pursue those actions to parties who can be classified as a "representative of the estate" under Section 1123 of the Bankruptcy Code. The Fifth Circuit's recent ruling in 'In re South Coast Supply' may change all that.
9 minute read
By Jimmy Hoover | June 6, 2024
Justice Sonia Sotomayor, writing for the court, stated that an insurer is a "party in interest" that can object when it "may be directly and adversely affected by the reorganization plan."
2 minute read
By Amanda Bronstad | June 4, 2024
The Oregon jury's verdict, which included $200 million in punitive damages, followed a month of trial in a case brought by Kyung Lee, diagnosed with mesothelioma after decades of being exposed to Johnson & Johnson's baby powder.
6 minute read
By Dan Roe | June 3, 2024
Sponsors and lenders are rapidly losing patience with foundering, overleveraged companies.
6 minute read
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