The Third Circuit Broadly Interprets Section 1128(b)’s “Party in Interest” Standing Requirement
Michael A. Battema St. John’s University Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Michael A. Battema St. John’s University Law Student American Bankruptcy Institute Law Review Staff ... Read full article
By: Peter N. Chiaro St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
By: Jonathan Weiss St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
The Fall 2010 edition of the Absolute Priority newsletter, published by the Cooley LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the bankruptcy ... Read full article
It's been a long wait, but we finally have a published decision from a U.S. Court of Appeals answering whether a trademark license is assignable in bankruptcy without the licensor's consent. On July 26, 2011, the U.S. Court of Appeals for the ... Read full article
The Summer 2011 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article
Bankruptcy Rule Amendments . As reported in a post last month , this year's amendments to the Federal Rules of Bankruptcy Procedure have now taken effect today, December 1, 2011. ... Read full article
Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed -- the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of federal judges, bankruptcy ... Read full article
I have posted in the past about the helpful research binder that former Judge Randall J. Newsome of the United States Bankruptcy Court for the Northern District of California had made available on the Bankruptcy Court's website. Although Judge ... Read full article
As discussed in an earlier post called " On The Rise: Bankruptcy Dollar Amounts Will Increase On April 1, 2010 ," various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after April 1, ... Read full article
It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for cases filed on or after April 1, 2010. You can find a chart listing all of the changes on this Federal Register page , which printed last ... Read full article
The Spring 2011 edition of the Absolute Priority newsletter, published by the Cooley LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article
The Winter 2010 edition of the Absolute Priority newsletter, published by the Cooley Godward Kronish LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends ... Read full article
Last month, I reported on a decision from Delaware Bankruptcy Judge Mary Walrath in the In re Washington Mutual, Inc. case (" WaMu ") holding that informal creditor groups must disclose details of their trades under ... Read full article
The First Two Delaware Decisions . In the past two months, I have reported on decisions by two Delaware bankruptcy judges in the In re Washington Mutual, Inc . case and in In re Premier International Holdings, Inc . ... Read full article
Given the state of commercial real estate, the prospect for defaults by commercial borrowers has greatly increased. The last time there was a significant downturn in the commercial real estate sector in the early 1990s, owners of buildings and other real ... Read full article
Some legal commentators have lamented the extent to which lenders have been able to use debtor in possession (“DIP”) financing arrangements to gain control over an entire Chapter 11 case. DIP lenders have usually been able to justify aggressive ... Read full article
The Chapter 11 filing of the Los Angeles Dodgers is a desperate move by Frank McCourt to try to maintain his ownership of the team. At least McCourt, whatever his shortcomings as a major league franchise owner, chose wisely in selecting bankruptcy ... Read full article
Last week’s Chapter 11 filing by NewPage Corporation , a company with assets and liabilities in the billions of dollars, stands as a relative rarity in the current restructuring environment. Running contrary to the “ new normal ” in larger restructurings, ... Read full article
The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”). (The ... Read full article