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The Legal Intelligencer

Third Circuit—Bar Date Controls Post-Confirmation, Pre-Effective Date Claims

A recent case of first impression from the U.S. Court of Appeals for the Third Circuit provides guidance on this important decision for those claims that arise during the period between plan confirmation and the plan's effective date.
7 minute read

New York Law Journal

Let J&J File for Bankruptcy

Johnson & Johnson is considering offloading liabilities from its talc litigation into a newly created subsidiary that would then seek bankruptcy protection.
5 minute read

Delaware Business Court Insider

Bankruptcy Court Rejects US Trustee Fees on Distributions From Trust in 'Paragon Offshore'

The U.S. Bankruptcy Court for the District of Delaware addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.
6 minute read

Law.com

Authority to File Chapter 11: A Matter of Contract or Public Policy?

If you think public policy favoring the freedom to file a Chapter 11 trumps the freedom to negotiate specific restrictions to such a filing, think again.
11 minute read

The Recorder

'We Were a Key Part of Tom Winning Some Big Cases.' How Tom Girardi's Downfall Hit One Consulting Firm.

L. Everett & Associates, an environmental consulting firm based in Santa Barbara, is one of 500 creditors in the Girardi Keese bankruptcy. The firm, which has a $200,000 claim, worked for 20 years with Girardi Keese, often on cases referred by Erin Brockovich. "There was a time when the checks stopped coming, and we became quite nervous," said CEO Lorne Everett.
5 minute read

The Legal Intelligencer

Liquidating Debtors May Qualify for Subchapter 5

The SBRA created a new "Subchapter 5" of the U.S. Bankruptcy Code that enables small businesses to use many of the provisions of Chapter 11, but without many of the costs and burdens of a typical Chapter 11 proceeding.
8 minute read

New York Law Journal

Ruling Lasts 6 Hours, No Breaks: Judge Approves Purdue Pharma's $4.5 Billion Bankruptcy Settlement

Drain acknowledged the pain wrought by the opioid crisis and said he would like to see a larger settlement than the $4.5 billion reached after extensive negotiation, but he said he is unwilling to "risk" the agreement in exchange for the possibility of a larger number.
3 minute read

New York Law Journal

In Defense of Purdue Pharma's Bankruptcy Plan

Simply put, it will save lives.
7 minute read

International Edition

Latham Former Global Restructuring Co-chair Joins US Rival in London

John Houghton had previously brought an age discrimination claim against Latham.
2 minute read

Law.com

Escape New York: Court Dismisses NRA's Chapter 11 As Improper Tactic to Avoid New York's Non-Profit Regulatory Scheme

This article explores the competing factors the Bankruptcy Court considered and the rationale underlying its decision to grant the drastic relief of dismissing the NRA's bankruptcy case.
10 minute read

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