What Retailers Can Learn from Recent Bankruptcies

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  Lease Terminations As Fraudulent Transfers

  By Michael L. Cook

  Is an insolvent debtor’s pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.

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  The Role of Third-Party Releases In Successful Chapter 11 Reorganizations

  By John J. Rapisardi and Jacob T. Beiswenger

  Part Two of a Two-Part Article

  In Part Two, we continue the analysis by evaluating two constitutional issues arising from third-party releases: whether creditor consent to be bound by a third-party release is required to satisfy the due process clause of the Fifth and Fourteenth Amendments; and whether bankruptcy courts have constitutional authority to issue final orders granting third-party releases in a plan of reorganization under Stern v. Marshall.

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  Fourth Circuit: Corporate Subchapter V Debtors Subject to Discharge Exceptions Under Bankruptcy Code

  By Lawrence J. Kotler and Elisa Hyder

  In a matter of first impression not yet addressed by any circuit court, the Fourth Circuit addressed whether the discharge exceptions under Section 523(a) apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.

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  Appellate Court Reverses Chapter 11 Confirmation Order Based on Faulty Tax Ruling

  By Michael L. Cook

  The Northern District of California recently issued two blistering opinions on appeals by the IRS and California Franchise Tax Board from a bankruptcy court’s Chapter 11 plan confirmation order and a tax determination order.

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