Chapter 11

Two Supreme Court Decisions Turn on Statutory Language

10/25/12
In two bankruptcy appeals decided this summer, the Supreme Court faithfully followed congressional intent in one case, while finding that the language used by Congress did not quite do the job in the other.    In RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S.Ct. 2065, 182 L.Ed.2d 967 (2012), the Court put In re Philadelphia Newspapers, LLC, 599 F.3d 298 (3rd Cir.
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Not Required, But Still Appropriate - Judge Glenn Appoints Examiner in ResCap

06/22/12

The chapter 11 case of mortgage lender and servicer Residential Capital, LLC (“ResCap”) is fascinating on a number of levels. Its parent company, Ally Financial, Inc.

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Supreme Court Bids Adieu To Plans Denying Secured Creditors The Right To Credit Bid

05/31/12

On May 29, 2012, only a little more than a month after the April 23, 2012 oral argument in the case, the U.S. Supreme Court issued its decision in RadLAX Gateway Hotel, LLC, et al. v.

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Forced Into Bankruptcy: The Involuntary Bankruptcy Process

05/24/12

When a company is facing financial distress, the question often comes up whether creditors can "force" the company into bankruptcy. Although the answer is more complicated than it may seem, this post aims to sort out what being "forced into bankruptcy" really means (hint: there are two different ways this can happen) and why it matters to companies and creditors.

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Second Circuit Expands Settlement Payment Defenses

02/28/12

By: Tianja Samuel

St. John’s Law Student

American Bankruptcy Institute Law Review Staff 

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All Tolled, Section 108(c) Preserves a Mortgagee’s Option to Commence a Foreclosure Until After the Automatic Stay is Lifted

02/23/12

By: Matthew W. Silverman

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

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The Unenforceability of Flip Clauses in Swap Agreements

02/21/12

By: Piergiorgio Maselli

St. John's Law Student

American Bankruptcy Institute Law Review Staff

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Third Circuit Holds Post-petition Pension Fund Withdrawals Liability Is Entitled to Administrative Expense Priority Under Sectio

02/16/12

 

By: Brian Bergin
St. John’s Law Student
American Bankruptcy Institute Law Review Staff

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Section 546(e): “Safe Harbor” Held Inapplicable to Small Private LBOs

02/13/12

By:  Shlomo Lazar

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

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