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Join Board of Editors member Michael Cook as he leads a discussion on the ethical restraints on professionals imposed by the Bankruptcy Code, Bankruptcy Rules, the ABA Code of Professional Conduct and provides a need for greater understanding into how the rules work and can affect your case.
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By Michael L. Cook
The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.
By Richard J. Bernard and Roya Imani
When restructuring or liquidating a non-U.S.-based company with U.S. operations, practitioners should consider the benefit and efficiency of utilizing the company’s home country laws under a foreign proceeding and a Chapter 15 in the United States.
By Francis J. Lawall and Marcy J. McLaughlin Smith
In an important recent decision, the U.S. Court of Appeals for the Second Circuit reviewed a $1.7 billion syndicated loan and provided a helpful analytical framework for determining whether applicable securities laws were called into play.
By Andrew C. Kassner and Joseph N. Argentina Jr.
Bankruptcy courts continue to adjudicate disputes regarding Section 365 of the Bankruptcy Code, which addresses the disposition of executory contracts between the debtor and third parties. And we continue to report on developments in this area. Often the issue involves whether the contract is an executory contract that is subject to being assumed and assigned.