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The Legal Intelligencer

Fifth Circuit Rules Surety Bonds Are Not Executory Contracts

In an opinion issued by the U.S. Court of Appeals for the Fifth Circuit dated Aug. 11, in a case styled In re Falcon V, case no. 21-30668, the court held a surety bond is not an executory contract, and the debtor's obligations under the bonds could not be enforced.
7 minute read

Litigation Daily

Litigators of the Week: No Halt for Combat Earplug Suits for 3M Despite Subsidiary's Bankruptcy

U.S. Chief Bankruptcy Judge Jeffrey Graham in Indianapolis, who is overseeing the restructuring of 3M subsidiary Aearo Technologies, refused to stay lawsuits against 3M claiming earplugs supplied to military personnel led to hearing loss and ringing of the ear.
11 minute read

The Recorder

Litigation Funder Had Illegal Fee-Sharing Deals With Girardi Keese, Lawsuit Alleges

A bankruptcy trustee, in a lawsuit Wednesday, accused California Attorney Lending II of arranging Tom Girardi's financial agreements, illegally splitting fees and refusing to return stolen settlement funds–a possible crime.
5 minute read

Delaware Law Weekly

Court Eyes Resolution of Final Boy Scouts Bankruptcy Plan Problems

"I think this is far and away the most complicated Chapter 11 case we've ever seen," said White & Case partner Jessica Lauria, representing the Boy Scouts.
2 minute read

The American Lawyer

UPDATED: Quinn Emanuel Stands to Receive $9.4M in Fees in LeClairRyan Bankruptcy

The U.S. trustee objected to a $3.15 million payment on top of a 35% contingency fee, but a firm attorney said the issue was resolved.
3 minute read

The Recorder

The Judge, The Housewife and The Diamonds: Erika Girardi Earrings Set for Auction

In a Tuesday motion, the Girardi Keese bankruptcy trustee said a former "friend" of Tom Girardi's turned over "a small Tiffany heart shaped white gold and pave diamond necklace, a small Cartier gold and pave diamond necklace, a Bulgari pearl and diamond necklace and diamond stud earrings approximately 1.75 carats each."
4 minute read

Delaware Business Court Insider

Bankruptcy Code Preempts LLC Act's Statute of Repose for Recovery of Distributions

In Miller v. Black Diamond Capital Management (In re Bayou Steel BD Holdings), Adv. Pro. No. 21-51013 (KBO), 2022 WL 3079861 (Bankr. D. Del. Aug. 3, 2022), U.S. Bankruptcy Judge Karen B. Owens held that Delaware's three-year statute of repose on the liability of a member for distributions from a limited liability company, measured from the date of distribution, was preempted by Section 546 of the Bankruptcy Code.
7 minute read

Law.com

In Game-Changing Win for Plaintiffs, Bankruptcy Judge Greenlights Earplug Lawsuits Against 3M

Friday's order by Chief Bankruptcy Judge Jeffrey Graham in Indianapolis means lawsuits would go forward against 3M alleging the earplugs caused hearing loss and ringing of the ears.
6 minute read

New York Law Journal

'Gasson v. Premier Capital': The Second Circuit Adopts the Continuous Concealment Doctrine

The Second Circuit joined other Circuit Courts in adopting the continuous concealment doctrine.
5 minute read

National Law Journal

Justice Sonia Sotomayor Spoke Out for Debtors. Bankruptcy Judges Listened.

The Judicial Conference Committee on Rules of Practice and Procedure last week approved for public comment a proposed amendment to the bankruptcy rules that was in response to a concurring opinion from Sotomayor.
4 minute read

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