When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
March 01, 2024Michael L. Cook
In the dynamic landscape of real estate, commercial real estate owners often find themselves facing financial challenges that necessitate a strategic approach to debt management. In such cases, exploring debt restructuring options becomes a crucial consideration.
March 01, 2024Michael CriscitoThe steps outlined in this article offer a strategic guide for lenders, empowering them to navigate the complexities of loan workouts and enforcement actions with resilience and foresight.
March 01, 2024Jay Steinman and Karina LeiterThe Third Circuit recently held in 'In re FTX Trading' that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth. As a result, the FTX decision will carry significant implications for large and medium-sized bankruptcy cases.
March 01, 2024Francis J. Lawall and Brenden S. DahrougeThe Central District of California court held that a bankruptcy court's administration of cannabis-related state court claims against a debtor's estate is not a violation of the Controlled Substances Act.
March 01, 2024Lawrence J. Kotler and Ryan SpenglerAnalysis on distressed real estate cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case.
March 01, 2024Andrew C. Kassner and Joseph N. Argentina Jr.By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year.
February 01, 2024Michael L. CookAn opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
February 01, 2024Mark E. Felger and Simon E. FraserMass tort bankruptcies took some big hits in 2023, with two of them dismissed outright, and two more potentially hanging in the balance.
February 01, 2024Amanda BronstadThe U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.
February 01, 2024Jimmy Hoover
