ABI Editor at Large Bill Rochelle hosted a group of three panels discussing three different legal issues. The issues included one legitimate circuit split, a dispute between lower courts and a divided state court panel. Recharacterization ... Read full article
The Supreme Court recently granted certiorari in PEM Entities LLC v. Levin , in which it will decide whether federal or a state law should apply when a debt claim held by a debtor’s insider is sought to be recharacterized in bankruptcy as a capital ... Read full article
I hope you had a wonderful holiday season and Happy New Year everyone. ... Read full article
I hope you had a wonderful holiday season and Happy New Year everyone. ... Read full article
In bankruptcy, prepetition loans made by insiders are often investigated, and sometimes challenged, by debtors, creditors' committees, or trustees. ... Read full article
The Summer 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the ... Read full article
The Winter 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has recently been released. The newsletter gives updates on current developments and trends in the ... Read full article
The Fifth Circuit has upheld a Texas bankruptcy court's order recharacterizing the ostensible debt of a non-insider as equity. Matter of Lothian Oil Incorporated , No. 10-50683 (5th Cir. 8/9/11). Unlike other circuits to consider the issue, the Fifth ... Read full article
The Fifth Circuit has upheld a Texas bankruptcy court's order recharacterizing the ostensible debt of a non-insider as equity. Matter of Lothian Oil Incorporated , No. 10-50683 (5th Cir. 8/9/11). Unlike other circuits to consider the issue, the Fifth ... Read full article
Summary ... Read full article
Summary ... Read full article
