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Features
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.
Columns & Departments
Notable court filings in entertainment law.
Features
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
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
Reversing and remanding, the Ninth Circuit emphasized: "The district court's approach of reducing choreography to 'poses' is fundamentally at odds with the way we analyze copyright claims for other art forms, like musical compositions."
Features
The U.S. Court of Appeals for the Second Circuit, on remand from the 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 the Bankruptcy Code after the debtor's assignment of its lease.
Features
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
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.
Columns & Departments
Notice of Pendency Improper In Private Nuisance Action Incapacity and Undue Influence Challenge to Deed Fails Authority Entitled to Divert Surface Water Covenant Restricting Landscaping Changes Enforced Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice
Features
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.