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A “community hospital” is generally located in a smaller town but can also include urban facilities that serve a market segment distinct from a major teaching hospital. A community hospital is generally not-for-profit and historically not affiliated with a larger system. Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment. Potential investors in distressed community hospitals will similarly need to be nimble in their due diligence.
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Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
By Daniel Coyle
Foreign Representatives in Chapter 15 petitions are specifically permitted to conduct discovery to locate the debtor’s assets within the United States to increase estate and creditor recoveries in the overseas proceedings and to probe the debtor’s affairs, rights, obligations or liabilities.
Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims
By Michael L. Cook
Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.
Asserting the Common Interest Doctrine In Plan-Related Discovery
By Francis J. Lawall and Marcy J. McLaughlin Smith
The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.
How Does a Bankruptcy Litigator Move from One Law Firm to Another?
By Earl M. Forte
Chapter 11 work can be episodic and uneven, and while litigation skills are essential, it is also quite specialized. So, given these qualities, how does a bankruptcy litigator go about moving from one law firm to another, and what are the pitfalls?
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