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On May 14, 2012, the United States Court of Appeals for the Third Circuit issued its opinion in the case of In re Heritage Highgate, Inc., 679 F.3d 132 (3d Cir. 2012), concerning the lien of a junior secured creditor and the creditor's treatment under the debtor's Chapter 11 plan of reorganization. The Third Circuit addressed the use of lien stripping under a plan of reorganization and the relevant time and standards for valuation of the creditor's collateral.
While this decision is a must read for bankruptcy practitioners dealing with multiple levels of secured debt in formulating Plans of Reorganization, it provides equally important lessons to bankruptcy litigators addressing the shifting burdens of proof required in valuation litigation under Section 506(a) of the Bankruptcy Code. This article addresses those lessons and pitfalls to avoid in trying these types of disputes in bankruptcy court.
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A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.