Features
William E. Curtin
&
Chelsea McManus
There are some indications that parties may in fact be using the threat of an examiner and its associated costs and complications as a source of leverage, although the jury is still out on the full impact of the FTX decision on examiner motion practice.
Features
Corinne Ball
For more than six years there has been an ongoing debate regarding the enforceability of governance restrictions, whether blocking rights, golden shares and other provisions designed to manage access to bankruptcy relief. This year, another governance restriction was upheld in dismissing a bankruptcy filing by a debtor that failed to obtain the consent of the lender-approved independent manager as required by its LLC agreement.
Features
Eric Hoffmaster
Mastering AI tools is vital for law firms striving to remain competitive. The increasing demand for prompt and effective services means firms that do not adapt may fall behind. Mastery of AI enhances workflow efficiency while enabling predictive analysis, client insights, and improved decision-making.
Features
Amanda Bronstad
A critical trial in Johnson & Johnson’s talcum powder bankruptcy began on February 18, with several lawyers arguing to dismiss the Chapter 11 case and reject the $10 billion plan.
Features
Michael L. Cook
In In re Sears Holdings Corporation, the Second Circuit apparently ended a multi-year litigation by affirming the district court’s decision that the landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”
Features
Andrew C. Kassner
&
Joseph N. Argentina Jr.
This article discusses two situations where a lender received payments and later was forced to disgorge them. These opinions illustrate two of the ways the bankruptcy code can present significant risks to lenders even after the lender receives payments in accordance with loan agreements or even a court order.
Features
Joseph J. DiPasquale
&
Michael R. Herz
The Chapter 11 filing statistics clearly show that New Jersey has emerged as a strong venue option. The question is why? The answer, we submit, is consistency and pragmatism.
Features
Amanda Bronstad
The objections, filed ahead of a key hearing on whether to confirm the Chapter 11 plan, cite the Supreme Court’s decision in Harrington v. Purdue Pharma, which invalidated nonconsensual releases in the $6 billion bankruptcy plan granted to Purdue’s founders, the Sacklers.
Features
Michael A. Mora
U.S. Bankruptcy Judge Martin Glenn of the U.S. District Court for the Southern District of New York ruled that a lawsuit, in which the plaintiff alleged that Alex Mashinsky, the founder and ex-CEO of Celsius Network, caused the insolvent crypto lender to incur billions of dollars in damages, can move forward because the terms of the agreement to stay stated that it would be lifted when the litigant’s criminal trial ended.
Features
Scott Williams
Nearly 50 years has passed since the last major change in bankruptcy law. The financial landscape now where debtors go through bankruptcy is very different. Is the Bankruptcy Code still achieving its fundamental goals, and are there ways to improve it?
