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The 2020 pandemic and resulting economic upheaval has left many sectors of the economy — and employees and others who depend on them — in distress. Others have navigated the current environment better than expected. For example, for operators of hospitality businesses, it has been one reality; for video-conference companies, it has presented an opportunity. Perhaps no sector has been more challenged than the restaurant industry. And, as is often the case, these difficult situations and the resulting tough choices must be addressed in the bankruptcy system.
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Retention of Title Disputes: Don’t Take the Uniform Commercial Code for Granted
By Eva D. Gadzheva, Jeremy M. Downs and David E. Morrison
This article reminds us of the conflict-of-laws analysis at the heart of such retention of title disputes, and then discuss the multi-step UCC analysis that is also required.
Second Circuit Applies Federal Bankruptcy Law, Not Securities Law, In Madoff SIPA Liquidation
By Michael L. Cook
The Second Circuit applied federal bankruptcy law when holding that good faith is an affirmative defense.
Congress Seeks to Restrict Nondebtor Releases in New Bankruptcy Reform Bill
By Thomas R. Califano and Anna Gumport
Members of Congress recently introduced the Nondebtor Release Prohibition Act, which proposes to amend the Bankruptcy Code to, among other things, restrict courts’ ability to approve third-party releases of nondebtors and related injunctions under plans of reorganization or otherwise in Chapter 11 cases.
Authority to File Chapter 11: A Matter of Contract or Public Policy?
By Steven B. Smith and Rachel Ginzburg
If you think public policy favoring the freedom to file a Chapter 11 trumps the freedom to negotiate specific restrictions to such a filing, think again.
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