by David R. Kuney & Jeffrey E. Bjork
Sidley Austin LLP, Washington,
D.C., and Los Angeles
The notion that
commercial real estate projects are entitled to, or suitable for,
reorganization under chapter 11 of the Bankruptcy Code has encountered...
On this edition, Hon. Cecelia G. Morris, United States Bankruptcy Judge for the Southern District of New York, discusses H.R. 901, the "Medical Bankruptcy Fairness Act." Judge Morris explains the changes the Act would make to the Bankruptcy...
In an effort to avoid a contentious battle with the
Senate, President Obama announced today that Professor Elizabeth Warren would
be appointed as a special advisor to the newly created Consumer Protection
Bureau. As head of the investigation into how...
In a new opinion, the Fifth Circuit has taken a big step
backward in sorting out the doctrine of judicial estoppel. Reed v. City of
Arlington , No. 08-11098 (5th Cir. 9/16/10). While adopting the principle
that one panel of the Fifth Circuit cannot...
A recently released iPhone and iPad app designed for bankruptcy lawyers, Bankruptcy II , describes itself as a "complete reference for the working bankruptcy attorney." It is an overstatement to call it complete, because it does not have cases...
Andrews Kurth LLP, Houston
bank is in financial distress, government regulators often encourage the bank's
holding company to act as a source of strength by making loans, equity
infusions, and other asset transfers...
W. Stocker II & Peter J. Kulick
Dickinson Wright PLLC, Lansing, Michigan
intersection of bankruptcy law and the gaming industry produces a crossroad of
federal law and the regulation of an industry by states pursuant to the states'...
J. Edelman & Douglas J. Lipke
Vedder Price P.C., Chicago and New York
airlines in the United States utilize the bankruptcy laws to address numerous
economic issues affecting their businesses, including the following...
E. Mears & John T. Gregg
Barnes & Thornburg LLP, Grand Rapids, Michigan
23 addresses legal issues that have come to the forefront in the context of the
large number of recent chapter 11 cases involving Tier I and Tier...
Adam C. Rogoff
Kramer Levin Naftalis & Frankel, New York
22 provides an overview of issues that arise in hospital and other health care
bankruptcies. Many of these topics are also applicable to not-for-profit
Neil E. Herman
Morgan, Lewis &
Bockius LLP, New York
Chapter 20 comprises a detailed survey of the
provisions of the Bankruptcy Code that are of significant importance in retail
bankruptcy cases or are "retail specific." The discussion...
Ronald J. Silverman
Bingham McCutchen LLP, New York
This chapter is intended as a reference source for
those contemplating chapter 15 proceedings. The chapter seeks to provide
guidance helpful to planning, filing, conducting, and obtaining court...
City, New York
as both bankruptcy and intellectual property are highly specialized areas of
law, it is not surprising that matters where both come into play give rise to
some challenging questions. For instance...
Jones Day, New
York and Cleveland
distressed corporations file for bankruptcy, they are almost always losing money.
And yet tax considerations play a surprisingly important role in the entire
bankruptcy process, from the...
by John R.
Cornell , Daniel C. Hagen , Tricia Eschbach-Hall & Lisa Rothman Jesner
Day, New York and Cleveland
issues may arise with respect to employee benefits and executive compensation
when a business entity, typically a...
by George E.B. Maguire
& Jasmine Ball
Plimpton LLP, New York
bankruptcies are resolved in court after a bankruptcy filing and once the
company is under bankruptcy court protection. However, some bankruptcies are
by Robert J.
Sawyer & Nelson, Portland, Maine
changes to the credit markets and the use of secured credit, case law
development and practice, preconfirmation all-asset sales-often very quick
On October 29, 2009, Teresa Giudice and her husband, Giuseppe ("Joe"), filed a bankruptcy case under chapter 7 of the Bankruptcy Code. They claim to have nearly $11 million in debts with approximately $2.25 million in assets. Few people will...
I hate reaffirmation agreements. They are way too
complicated under BAPCPA and consume way too much time. However, Judge Stacy
Jernigan has written a 22 page opinion that explains everything you would ever
want to know about reaffirmations. In re Grisham...
by Felton E. Parrish , Jo Ann J. Brighton & James E. Morgan
K&L Gates LLP, Charlotte and Chicago
The astounding bankruptcies of U.S. corporations bearing such household names as General Motors, Chrylser, and Lehman Brothers have made nearly...
by Abhilash M. Raval , Tyson Lomazow , Samuel A. Khalil & Brian Kinney
Milbank, Tweed, Hadley & McCloy LLP, New York
Chapter 2 examines the effects of the turmoil in the credit and stock markets from 2008-2009 upon debtor in possession financing...
by Richard F. Hahn & Jasmine Ball
Debevoise & Plimpton LLP, New York
Chapter 1 focuses on chapter 11 of the U.S. Bankruptcy Code, which provides chiefly for the reorganization, but also for the liquidation, of corporate debtors. Lawyers...
Busy lawyers often assume that it's ok to skip a
ministerial presentment hearing and await the Court's order scheduling a
hearing on the merits. Today's opinion from the 7th Circuit in United States v.
Hyatt , reversing the finding of contempt...
Section 523(a)(2) is a Code section which is very
familiar to most experienced practitioners, but still can be tricky. In
particular, the distinction between statements regarding financial condition
and all other fraudulent statements has prompted...
On this edition, Henry Sommer, co-editor in chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications, and Kenneth Klee, professor at UCLA Law and author of the recent LexisNexis Emerging Issue Analysis on...