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Bankruptcy professionals have long been described as the “ultimate generalists,” being all at once corporate governance and securities attorneys, M&A professionals on a fast-track, real estate and foreclosure lawyers, the list goes on. Indeed, the volume and pace at which the sales of assets and operating businesses must close, mandates that restructuring lawyers know everything about business — including the array of instruments that outline one seemingly simple, but complex issue: the extent to which parties can share information.
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By Gerard S. Catalanello and Kimberly (Kodis) Schiffman
A summary of the factors that courts have considered and will likely continue to consider when addressing dischargeability of private student loans under subsection 523(a)(8)(A)(ii) of the Bankruptcy Code, and a cautionary word for practitioners considering whether to put forth an argument to the contrary.
By Michael L. Cook
The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor’s lessees.
Why Bankruptcy Attorneys Need to Help Their Clients Face Distressed Assets Now
By William (Bill) Lobel
Cyclical challenges in the economy are nothing new to bankruptcy attorneys and their clients, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.
Fifth Circuit Resolves ‘Clash’ Between FERC and Bankruptcy Courts
By Douglas S. Mintz and Michael L. Cook
A Chapter 11 debtor’s “rejection [(under Code §365(a)] of a filed-rate [natural gas] contract … relieve[d] it of the obligation to continue performance absent the approval of FERC [(the Federal Energy Regulatory Commission],” held the U.S. Court of Appeals for the Fifth Circuit.
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