According to statistics compiled by the American
Bankruptcy Institute , over 60,000 businesses filed for bankruptcy in 2009,
the highest annual number of business-related bankruptcies since 1993. By way
of comparison, the 2009 business bankruptcy filing...
People and businesses are filing for bankruptcy at a staggering pace, with 1.4
million petitions submitted in 2009, an increase of 32% from the previous year.
The number is likely to jump higher in 2010. Associated with each...
retaining a Virginia
law firm to help stave off a wrongful foreclosure should keep this useful fact in mind:
your lawyer's job will be a lot easier if you take legal action before the bank forecloses on
your property. Seek legal...
from Cravath, Swaine & Moore consider the Third Circuit's decision in In re
Philadelphia Newspapers. This decision, along with the decision in In re
Pacific Lumber, marks a significant departure from long-held expectations of
Parties challenging a bankruptcy court's final order almost always must take a direct appeal or be forever barred from collateral attack, even when the order contains a clear legal error. Further, when a statute permits a court to act only if certain...
Emerging Issues Analysis, James M. Lawniczak addresses decisions from the Third
and Fifth Circuits holding that secured creditors do not have an absolute legal
right to credit bid when their collateral is sold through a plan of
A hotel property derives much of its value from its operator
and brand. When a hotel owner is in distress with respect to its loan
obligations, the operator also plays a critical role in the resolution of the
On this edition, Prof. Ken Klee of UCLA Law School and Henry Sommer, Co-Editor in Chief of Collier On Bankruptcy, discuss the U.S. Supreme Court's decision in United Student Aid Funds v. Espinosa, in which the court held that a debtor may obtain discharge...
LexisNexis Emerging Issues Analysis, Professor Kenneth N. Klee discusses the
holding in Milavetz, Gallop & Milavetz, P.A. v. United States, 2010 U.S.
Lexis 2206 (2010), which concerns the constitutionality of bankruptcy
circuits are split as to whether the "subsequent new value" defense
U.S.C. § 547(c)(4) may be invoked by a creditor only when new value was
unpaid at the end of the preference period, or only so long as the debtor does
On this edition, Kenneth Klee of Klee, Tuchin, Bogdanoff & Stern in Los Angeles and professor at the University of California, Los Angeles School of Law, discusses the U.S. Supreme Court's March 8, 2010 decision in Milavetz, Gallop & Milavetz...
by Laxmi Stebbins Wordham
It's hard to believe it's
been one year since we launched Martindale-Hubbell Connected , now the
premier online professional network for the legal profession. The phenomenal
growth of the network over the past 12...
Welcome to the new LexisNexis Communities. We have added
new tools, new content and a whole new look and feel to make your experience
richer and more beneficial.
Our new design has easy-to-find featured content on the
left side of the screen, allowing...
download the complete article
Weltfinanzkrise slammed into the
world automotive industry with hurricane force on Sunday, September 14, 2008,
when Lehman Brothers sought bankruptcy relief.
The stock market selloff...
A Bankruptcy Court Will Not Appoint a Healthcare Ombudsman Without Evidence of Patients' Dire Circumstances
In re North Shore Hematology-Oncology Associates held that appointment of a healthcare ombudsman is not necessary unless patients' rights...
NOTE: The case links below may be accessed by lexis.com subscribers. Non-subscribers may obtain research packages by the day, week, or month at lexisONE
In Commercial and Residential Maintenance, Inc. v. Abblitt (In re Abblitt) , 2009 Bankr. LEXIS...
Bankruptcy courts have broad authority to discipline attorneys pursuant to their inherent sanction power. In the recent Price v. Lehtinen (In re Lehtinen) decision, the Ninth Circuit stated that bankruptcy courts can exercise their inherent power to sanction...
Emerging Issues Analysis examines a bankruptcy court's decision to order the
implementation of certain accounting procedures where punitive damages alone
would not make the mortgage company change its behavior. The court relied on
Back in the good old days when bashing BAPCPA was in vogue, I posited here that BAPCPA's "debt relief agency" provisions
"look more like an effort to create a consumer bankruptcy lawyer clone who, much
like the ever-multiplying...
Emerging Issues Analysis, author James M. Lawniczak looks at the 2009 appellate
decisions establishing the majority view that buyout payments made to departing
shareholders in leveraged buyout situations will be protected from avoidance
This year's Legal Tech is proving to be the hotspot of excitement in the world of legal information. LexisNexis announced a partnership with Microsoft to put legal research right at your fingertips, in the applications many of us use most. ABA Journal...
I was going to write something clever here but … screw it. This is what I think is going to happen in 2010.
Big law firms lose clients due to high overhead and lack of value
Small law firms pick up the clients and their profitability jumps...
The proliferation of social media as a vital tool in business and personal communication presents many ethical traps for lawyers and their clients. At what point do conflicts of interest dictate who makes your friend-list? How much can you discuss your...
Feb 1, 2010 - Mike Walsh, CEO of U.S. Legal Markets at LexisNexis, addresses viewers from the convention floor at LegalTech NY 2010. Feb 1, 2010 - LexisNexis' Mike Mintz interviews USLM CEO Mike Walsh at LegalTech NY 2010. Walsh discusses the business...
On this edition, Rich Levin, who leads the restructuring practice at Cravath, Swaine & Moore LLP, discusses his involvement as one of the primary authors of the Bankruptcy Code, the greatest innovation of the 1978 Code, impact of the 2005 amendments...