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Stephen Sather
Fifth Circuit Bankruptcy Report: June 2015

This month's Fifth Circuit report doesn't have a lot of bankruptcy sizzle: an interesting case on abstention and remand, two unpublished cases about how not to reserve a claim under a plan and a case about suing a trustee. However, there are some...

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Kelley Drye & Warren LLP
Energy Future Holdings – More Bad News for Bondholders on Make-Whole Premiums

by Ben Feder For the second time in the past few months, Judge Christopher Sontchi has dashed the hopes of certain creditors in the Energy Future Holdings (“ EFH ”) chapter 11 case that they would be paid a make-whole premium worth over...

Stephen Sather
Supreme Court Says Lawyers Don't Get Paid for Defending Their Fees

A Texas law firm did a great job and beat back a punitive attack on their fees. However, the Supreme Court has ruled that they may not receive compensation for defending their work. Baker Botts, LLP v. ASARCO, LLC , No. 14-103, 2015 U.S. LEXIS 3920 (6...

Kelley Drye & Warren LLP
Baker Botts v. Asarco: The Supreme Court Shows Again That It Really Doesn’t Understand Corporate Bankruptcy Cases

by Ben Feder The Supreme Court has not handled its recent major bankruptcy decisions well. The jurisdictional confusion engendered by its 2011 decision in Stern v. Marshall was only partially clarified by this term’s opinion in Wellness International...

Kevin M. LaCroix
D&O Insurance: Debtor-in-Possession Claims and the Insured vs. Insured Exclusion

The traditional Insured vs. Insured exclusion found in many D&O insurance policies is a frequent source of claims disputes, particularly in the bankruptcy context . As its name suggests, the Insured vs. Insured exclusion precludes coverage for claims...

Stephen Sather
Fifth Circuit Report: April-May 2015

At the same time that the Supreme Court was busy ruling upon its bankruptcy cases for the term, the Fifth Circuit was active as well. There were so many cases in April, that it took me two months to summarize them. Over the course of April and May, the...

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