Chapter 11

S Corporation May Not Pay Shareholders’ Post-Petition Tax Obligations

02/19/13

By: Erin Rieu-Sicart

St. John’s Law Student

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Absolute Priority Rule Absolutism? Strict Interpretation of Bankruptcy Code Cramdown Provisions Nearly Causes Hawker Beechcraft Plan Confirmation to Skid Along the Runway

02/08/13

By nearly any measure, the Chapter 11 cases of Hawker Beechcraft and its affiliates (the “Debtors”) stand as a significant success. The cases began as a standalone reorganization predicated upon a restructuring support agreement (the “RSA”) among the Debtors’ senior lenders and noteholders, which soon thereafter gained the support o

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Fourth Circuit Preserves Absolute Priority Rule Despite Challenge Through BAPCPA

01/14/13

By: Andrew Serrao

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

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Bad Faith Constitutes “Cause” For Dismissal of a Bankruptcy Case

01/08/13

By: Kathleen Mullins

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

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Creditor Committee’s Concurrent Investigation Did Not Vitiate Need for Independent Examiner

01/08/13

By: Brendan A. Bertoli

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

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Courts may Override §1111(a) and Require Proofs of Interest to be Filed

01/08/13

 By: Brett Joseph

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

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Developing Consensus Among Delaware Bankruptcy Courts to Narrowly Construe Stern v. Marshall Concerning Avoidance Claims

01/08/13

By: Joseph P. Donnelly IV

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

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Can I File A Chapter 7 Bankruptcy For My Small Business Only?

12/01/12

The Small Business Entrepreneur:  He employes half of all private sector employees, pays 44 percent of total U.S. private payroll, and has generated 65 percent of net new jobs over the past 17 years.

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A Messy Break-Up But a Clean Divorce: Dewey LeBoeuf Avoids Litigation Morass of Most Law Firm Bankruptcy Cases

11/07/12

Large law firm failures typically produce lengthy and litigious bankruptcy cases. A frustrated lawyer in one such case succinctly described the essential problem: “the assets walk, talk and, worst of all, have their own counsel.” To the inherent tensions and creditor demands of any large chapter 11 case are added  the raw pain, similar to divorce, that many partners feel at the downfall of an institutio

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