• Would Jevic Have Come Out Differently with Gorsuch?

    May 02, 2017 |

    In Jevic, the members of SCOTUS — sans Neil Gorsuch, who had not yet been confirmed — declined the invitation to "upend" the absolute priority scheme. The question presented: "Can a bankruptcy court approve a structured dismissal that provides for distributions that do not follow ordinary pri

  • Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims

    May 02, 2017 |

    Part One of a Two-Part Article The issue of what constitutes a good-faith defense to a fraudulent transfer claim is a murky question that has produced a wide variety of reported decisions from appellate courts over the years. But a recent Sixth Circuit opinion sheds some clear light on

  • Restaurant Industry Chapter 11 Bankruptcies

    May 02, 2017 |

    The past year has brought a wave of restaurant businesses filing for reorganization in Chapter 11. With inherently low profit margins, increased competition, limited pricing flexibility and a propensity for expansion without the support of underlying business fundamentals, the industry is particular

  • Navigating the Bankruptcy Court's Power to Modify A Secured Creditor's Lien

    April 02, 2017 |

    This article focuses on the impact of section 552 of the Bankruptcy Code, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.

  • The Chapter 9 Crucible

    April 02, 2017 |

    Any bankruptcy practitioner, upon first contact with a municipal bankruptcy case, may be shocked by the lack of substantive law to be found in Chapter 9. The dearth of detail has long caused bankruptcy lawyers and courts to turn to the far more substantive provisions of Chapter 11 for practical guid

  • Expansion of the Barton Doctrine To Unsecured Creditors' Committees

    April 02, 2017 |

    The U.S. Court of Appeals for the Ninth Circuit recently held in Blixseth v. Brown that under Barton v. Barbour, a plaintiff must obtain a bankruptcy court's permission before commencing a lawsuit in another forum against a member of the committee of unsecured creditors, and that St

  • Client Data in the Age of Digital Technologies and Cyber Warfare

    March 02, 2017 |

    Ubiquitous news of law firm data breaches, even among BigLaw, spotlights a treasure trove of trade secrets, confidential and strategic transactions, and sensitive client information. No wonder law firms are perceived to be attractive targets of cyber-attacks. Attractive? You can't help that. Easy? N

  • What Constitutes 'Proper' Notice?

    March 02, 2017 |

    Proper notice is a hallmark of all bankruptcy proceedings. If a creditor or party-in-interest has no notice of a particular matter, many courts have ruled that the creditor or party-in-interest will not be bound by a particular court's determination.

  • Nortel Employee Blocked from Boosting Claim

    December 01, 2016 |

    The U.S. Court of Appeals for the Third Circuit recently blocked a former employee of Nortel Networks Inc. from boosting his claim for long-term disability benefits as a part of the company's lengthy and expensive cross-border bankruptcy proceedings in Delaware.