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To What Extent Does a Bankruptcy Court Have Jurisdiction Over a Post-Confirmation Lawsuit? Image

To What Extent Does a Bankruptcy Court Have Jurisdiction Over a Post-Confirmation Lawsuit?

Lawrence J. Kotler

In the recent decision of Tew v. ED&F Man Capital Markets, the U.S. Bankruptcy Court for the Eastern District of Kentucky addressed a thorny decision for all bankruptcy courts, namely to what extent a bankruptcy court has jurisdiction over a post-confirmation lawsuit.

Features

Following Uptick In 2023, Bankruptcy Lawyers Are Expecting a Busy 2024 Image

Following Uptick In 2023, Bankruptcy Lawyers Are Expecting a Busy 2024

Alexander Lugo

Predictions of an uptick in bankruptcy filings came true this year, and bankruptcy lawyers are expecting a steady continuation into 2024, with the use of alternative approaches continuing to increase.

Features

The Bankruptcy Strategist Is Going Digital Only. Here's What You Need to Know. Image

The Bankruptcy Strategist Is Going Digital Only. Here's What You Need to Know.

Steve Salkin

The final print edition of The Bankruptcy Strategist will be our January issue.

Features

Litigation Finance Offers Significant Benefits for Restructuring Matters Image

Litigation Finance Offers Significant Benefits for Restructuring Matters

Jeffery Lula

In today's volatile economic climate, companies need to be more creative to find ways to mitigate risk. Litigation finance is one of those out-of-the-box solutions that can provide benefits.

Features

Key Win Likely for Commercial Shopping Center Lessor In Second Circuit Image

Key Win Likely for Commercial Shopping Center Lessor In Second Circuit

Michael L. Cook

The Second Circuit, on remand from the U.S. Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by [Bankruptcy Code] §365(b)(3)(A)," after the debtor's assignment of its lease.

Features

CA Bankruptcy Court Throws Regulatory Concerns Aside and Sides With Cannabis Business' Chapter 11 Plan Image

CA Bankruptcy Court Throws Regulatory Concerns Aside and Sides With Cannabis Business' Chapter 11 Plan

Lawrence J. Kotler & Ryan Spengler

While this case does not fully open the courthouse doors to cannabis-related businesses and seemingly grants the bankruptcy courts a great deal of discretion when ruling on similar cases in the future, cannabis-related businesses may now have a roadmap to pursue reorganization.

Features

Fifth Circuit: Pre-petition Payout of Insurance Proceeds Should Be Classified As a 'Transfer of An Interest' Image

Fifth Circuit: Pre-petition Payout of Insurance Proceeds Should Be Classified As a 'Transfer of An Interest'

Francis J. Lawall & Brenden S. Dahrouge

In upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.

Features

A Look Inside the Rulings for Sandy Hook Families In Alex Jones Bankruptcy Image

A Look Inside the Rulings for Sandy Hook Families In Alex Jones Bankruptcy

Ross Todd

A Q&A with the team working on the Alex Jones/Sandy Hook case in bankruptcy court in Texas, who provides an inside look at the case, their strategy, and some takeaways.

Features

Online Extra: WeWork Creditors Likely to Attempt to Pierce Corporate Veil In Bankruptcy Court Image

Online Extra: WeWork Creditors Likely to Attempt to Pierce Corporate Veil In Bankruptcy Court

Emily Saul

WeWork's Chapter 11 bankruptcy has stayed a Manhattan Commercial Division decision allowing plaintiffs to dig around in 11 years of the tanked company's finances — but observers say it's likely creditors will now try to pierce the corporate veil in the bankruptcy proceeding.

Features

Landmines In Bankruptcy Appellate Practice Image

Landmines In Bankruptcy Appellate Practice

Michael L. Cook

Pundits are raving about the current increase in business bankruptcy cases. But they rarely, if ever, mention the spike in bankruptcy appeals. A brief survey of recent decisions shows that appellate courts are, among other things, finding ways to (a) avoid making decisions or to (b) avoid litigation delay and uncertainty by expediting appellate review. Practitioners can avoid surprises by grasping what these courts are actually doing.

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