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Features

Fourth Circuit Could Decide Fate of the 'Texas Two-Step' Image

Fourth Circuit Could Decide Fate of the 'Texas Two-Step'

Amanda Bronstad

An influential appellate court has agreed to take up a bankruptcy involving the controversial "Texas two-step," potentially deciding the merger tactic's fate in future Chapter 11 cases. The Fourth Circuit agreed to hear a petition to dismiss the bankruptcy of Bestwall, a subsidiary of Koch Industries-owned Georgia-Pacific, created through a "Texas two-step" to resolve 60,000 lawsuits over asbestos exposure.

Features

Supreme Court: Prospective Parity Is Answer to Past Trustee Fee Disparity Image

Supreme Court: Prospective Parity Is Answer to Past Trustee Fee Disparity

Steve Lash

The appropriate remedy for the past disparity in bankruptcy fees between federal Bankruptcy Trustee and Administrator districts is simply to ensure all the courts are charging the same going forward, the Supreme Court ruled on June 14.

Features

LJN Quarterly Update: 2024 Q1 Image

LJN Quarterly Update: 2024 Q1

LJN Editorial Staff

Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.

Features

Courts Split Over Requirement for Chapter 15 Jurisdiction In the U.S. Image

Courts Split Over Requirement for Chapter 15 Jurisdiction In the U.S.

Daniel A. Lowenthal

If a foreign debtor doesn't reside in, have a domicile or place of business in, or have property in the U.S., can the foreign representative of the debtor utilize Chapter 15 to obtain discovery to use in the foreign proceeding?

Features

Guidance on the Enforceability of Lockup Provisions Image

Guidance on the Enforceability of Lockup Provisions

Paul A. Rubin & Hanh V. Huynh

A recent decision from Chief Judge Glenn of the Southern District of New York Bankruptcy Court provides clarity to creditors and debtors alike in cases where the parties' settlement negotiations include an agreement requiring a creditor to support the debtor's Chapter 11 plan.

Features

NY Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims Image

NY Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims

Michael L. Cook

The Southern District of New York affirmed a bankruptcy court's holding that the statutory cap on a landlord's damage claim "applies to [its] claim against a [Chapter 11] debtor-guarantor."

Features

Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims Image

Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims

Michael L. Cook

The court's decision, supported by a well-reasoned bankruptcy court decision, provides a helpful overview of the most recent law governing landlords' damage claims in bankruptcy cases.

Features

Determining the Indubitable Equivalent of A Bankruptcy Claim Image

Determining the Indubitable Equivalent of A Bankruptcy Claim

Peter Gampel

One aspect of the dispute in interpreting clauses in an agreement from a financial point of view, and one with significant consequences, centered around the term indubitable equivalent value for a Class 5 creditor in the context of a debtor's fifth amended Chapter 11 plan and objection to confirmation filed by creditor. The U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division opined on that issue.

Features

What Happens When Nondischargeable Student Loan Is Later Determined to Be Dischargeable? Image

What Happens When Nondischargeable Student Loan Is Later Determined to Be Dischargeable?

Lawrence J. Kotler & Drew S. McGehrin

The U.S. Bankruptcy appellate panel for the Ninth Circuit addressed a matter of first impression: what happens when a debt that may be considered nondischargeable is later determined to be dischargeable, and more importantly, whether efforts to collect such a debt be exempt from penalties for violating the discharge injunction?

Features

Delaware Bankruptcy Judge Orders Fee Examiners for 'Larger Chapter 11 Cases' Image

Delaware Bankruptcy Judge Orders Fee Examiners for 'Larger Chapter 11 Cases'

Dan Roe

A rise in bankruptcies involving fraud and mass tort litigation is causing more bankruptcy lawyers to face scrutiny over their billing practices.

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