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'Watch Your Attitude, Petitioning Creditors!'
The Bankruptcy Code contains relatively clear and straightforward requirements and standards regarding the eligibility of creditors to file an involuntary bankruptcy petition against a debtor, as well as when an order for relief on such petition shall be ordered by the court. If such criteria are met, do the creditors' intentions, which are not specifically referenced in this context in the statutory framework, come into play at all?
In the recent case of In re Forever Green Athletic Fields, Inc., 804 F.3d 328 (3d Cir. 2015), the United States Court of Appeals for the Third Circuit held that, even if petitioning creditors and the debtor met the statutory prerequisites for involuntary bankruptcy relief, if the petitioning creditors had not acted in “good faith” in filing the petition, then the bankruptcy case should be dismissed and sanctions potentially awarded against the petitioning creditors. 804 F.3d at 333-35. This ruling could make pursuing involuntary bankruptcy a less attractive tactical alternative for creditors that are unsuccessful in attempting to collect upon unpaid claims and should certainly cause creditors to evaluate their and other petitioning creditors' motives (including prior conduct and statements) before commencing any involuntary bankruptcy proceedings.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
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.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“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
'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.