• Features

    Court Rules That Professional Fees May Not Be Capped by Standard Carve-Out Provisions

    John C. Tishler and Tyler N. Layne

    Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

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  • Features

    Expansion of the Barton Doctrine To Unsecured Creditors' Committees

    Sheryl P. Giugliano

    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 Stern v. Marshall does not preclude bankruptcy courts from adjudicating such claims on the merits.

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  • Features

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

    David M. Hillman and James T Bentley

    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.

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  • Features

    The Chapter 9 Crucible

    Ron Oliner and John R. Weiss

    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 guidance.

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