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One morning many years ago, when I was getting ready to go to work as an associate at one of Philadelphia’s largest law firms, I heard a news report on the radio that Braniff Airlines had filed for protection from creditors under Chapter 11 of the Bankruptcy Code in Orlando, FL the night before. Eleven years later, in a federal appeals courtroom in Atlanta, GA, long after the decision had been made to shut Braniff down and liquidate its assets, I settled the last remaining creditor dispute in the. Hence my career in the interesting and often stress-filled world of Chapter 11 litigation and financial restructuring was launched. Chapter 11 work has not become a “commodity” practice and hopefully never will, but the 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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By Daniel Coyle
Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.
By Michael L. Cook
Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.
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.
By Gerard S. Catalanello and Kimberly J. Kodis
The impact of the pandemic rages on and, in its path leaves many businesses and industries demolished or, at best, severely impaired. Once again, the Bankruptcy Code has been called upon to provide relief to those in dire need