LexisNexis® Legal Newsroom
Jeanine Boot, Craig Goldblatt, and Lisa Ewart
In re Lehman Bros. Holdings Inc. Raises Questions About Application of Safe Harbors to Complex Financial Products

This Emerging Issues Analysis analyzes a case that narrowed the protections that the Bankruptcy Code was thought to provide to participants in the derivatives markets. The court ruled that "flip" provisions of swap documents triggered by...

Philip Anker, Craig Goldbaltt, Lisa Ewart
Putting More Equity Into Equitable Mootness: Recent Cases in the Tenth and Fifth Circuits Signal More Appellate Review of Plan Confirmation Orders

This Emerging Issues Analysis analyzes the judicially-created doctrine of "equitable mootness." Although equitable mootness has historically been viewed as a powerful tool for debtors to limit appellate review of orders confirming their ...

LexisNexis Bankruptcy Law Community Staff
Hamilton v. Lanning, 2010 U.S. LEXIS 4568 (June 7, 2010)

LexisNexis Overview: "Forward looking" approach could be used in calculating "projected disposable income" (PDI) under 11 U.S.C.S. § 1325(b)(1)(B) as courts had discretion to account for known or virtually certain changes...

LexisNexis Bankruptcy Law Community Staff
Goldberger of Stevens & Lee on Bankruptcy in Chinese Drywall Litigation

Leonard Goldberger of Stevens & Lee spoke at HB Litigation Conferences' May 18 program on Chinese drywall litigation, specifically on "brewing bankruptcy concerns" in the cases. Watch a video excerpt More information about...

LexisNexis Bankruptcy Law Community Staff
Northern Pipeline Construction Company v. Marathon Pipe Line Company, 458 U.S. 50 (June 28, 1982)

LexisNexis Overview: The Bankruptcy Act of 1978's assignment of jurisdiction to bankruptcy courts of all civil proceedings arising under or related to cases filed under Title 11 was found to have violated art. III of the United States Constitution...

James Lawniczak
The Doctrine of Equitable Mootness

James M. Lawniczak considers the circumstances under which the doctrine of equitable mootness prevents appellate review of a consummated plan of reorganization. In particular, he focuses on three recent appellate cases, from the Fifth, Sixth and Tenth...